Litigation

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    Williams to Appeal FERC’s Constitution Pipe Decision to Fed Court

    Last Friday MDN brought you the sad news that the Federal Energy Regulatory Commission (FERC) rejected Williams’ request to rehear an earlier decision to not overrule the New York Dept. of Environmental Conservation’s (DEC) decision to block the Constitution Pipeline (see FERC Declines to Overrule NY DEC re Constitution Pipe 2nd Time). We personally don’t see many (really any) pathways where the Constitution now gets built. But to their credit, Williams is not giving up. After FERC’s decision last week, the company announced it will appeal that decision to the D.C. Circuit Court of Appeals, asking the judges to overrule the DEC (bypassing FERC). Williams has filed in various courts, including the Supreme Court, to hear the Constitution case. Why not try the D.C. Circuit Court? There’s really nothing to lose. The project is currently as dead as a doornail anyway. So, hats off to Williams for giving it one last try…
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    Federal Judge Tosses NYC Climate Change Lawsuit Against Oil Cos.

    New York City, in its attempt to (a) take every last dime out of the pockets of five big oil companies, and (b) shut down all fossil fuel extraction in the future–has struck out. Rather magnificently. In January, New York City’s insane mayor, Bill de Blasio, used city resources to sue five oil companies, blaming them for “climate change”–the hoax that mankind is causing the earth to warm at an apocalyptic rate (see NYC Commits Fossil Fuel Suicide – Sues Big Oil, Ending Investments). The theory behind global warming is that burning fossil fuels (extracted by the five companies) releases carbon dioxide (CO2) into the atmosphere where the CO2 then acts like a canopy over the earth, trapping in heat from the sun, causing the earth to warm. And, as the theory goes, Mom Earth is warming up to such a degree that it will “soon” (any year now) kill plants, animals, mankind–all living things. All sorts of ills are laid at the feet of so-called global warming, now called “climate change,” including earthquakes, major storms, hurricanes, pestilence, racism. No, we’re not exaggerating. EVERYTHING is blamed on global warming. Even the record cold temperatures that we experienced in the northeast last winter are blamed on global warming! Wait–how can that be? How can a canopy effect trapping heat cause COLDER temps? Obviously it can’t, but these people will believe anything. At its root, de Blasio’s move is not *really* about global warming and preserving the planet–it’s about an avowed socialist (de Blasio admits his perverse political leanings) attempting to steal money from those who earn it, in order to redistribute it to people who don’t earn it, people who will keep voting de Blasio into office in response to his political bribery. The gig is up. The judge in the case tossed it out yesterday, saying court is not the place for these kinds of charades…
    Read More “Federal Judge Tosses NYC Climate Change Lawsuit Against Oil Cos.”

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    Otsego2000 Snobs Appeal FERC Approval of New Market Pipe Project

    There’s a small group of rich snobs who have created a mini-swamp in Cooperstown, NY. They go to each other’s wine tasting parties and pretend they’re Important People. Gentry class. Folks with lots of money who want to keep Upstate as their own private playground. You know…keep the poor folks away from your property, unless they’re mowing the lawn or weeding the garden. God forbid people like disgusting farmers should actually make money on drilling or pipelines. These are the type of people behind a group called Otsego2000. They just can’t accept the reality that their will is not being obeyed in blocking a VERY modest upgrade to an existing pipeline that runs through Upstate–called the New Market Project. Dominion’s New Market Project (currently under construction) consists of building two new compressor plants and upgrading another to help flow more abundant, cheap and clean-burning Marcellus Shale gas from Pennsylvania into the northeast (see Dominion Asks FERC for New Compressors in Upstate NY, WV). The project costs $159 million and will provide 112,000 dekatherms per day (Dth/d) of extra natural gas capacity along ~200 miles of existing Dominion pipeline across Upstate. The pipeline runs through the Horseheads, Ithaca, Syracuse and Albany areas. The snobs of Otsego2000 have just sued the Federal Energy Regulatory Commission in federal court to try and stop the project–even though not one of the compressor stations is located in Otsego County! Otsego2000 is a not-for-profit organization founded in 1981 “to protect the environmental, agricultural, scenic, cultural and historic resources of the Otsego Lake region and northern Otsego County.” As near as we can tell, the New Market Project doesn’t impact Otsego County at all. Yet Otsego2000 is fighting the project, with no legal standing to do so. Go figure…
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    Stark County, OH Farmer Sues NEXUS Pipeline for Erosion Damage

    The NEXUS Pipeline project, owned by DTE Energy and Spectra Energy (Enbridge), is being sued by a farmer in Stark County, OH. NEXUS is a $2 billion, 255-mile interstate pipeline that runs from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada. The Stark County farmer signed an easement with NEXUS in 2016. Construction began earlier this year. In late March, a lawyer hired by the farmer sent NEXUS a letter telling the company of erosion at the farm, due to their digging activities. The farmer estimated about $23,000 of damage at the time. But, according to the lawsuit, NEXUS didn’t fix the problem and that led to more damage–now up to $55,000 worth. The problem is that topsoil on the farm has been washed away. The farmer wants it replaced. If true, it certainly seems like a reasonable request to us. The farmer isn’t demanding millions of dollars, just the cost to replace soil swept away by NEXUS-related digging…
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    THE Delaware Riverkeeper Loses FERC Bias Court Case

    Maya van Rossum

    Maya van Rossum, THE Delaware Riverkeeper (as she calls herself) has struck out once again in federal court. THE van Rossum, with backing by Big Green lawyer Jordan Yeager, asked a federal court to rule that the Federal Energy Regulatory Commission (FERC) is biased in favor of approving pipeline projects (specifically the PennEast Pipeline) because part of the agency’s funding, via permit fees, comes from the companies it regulates. It’s Miss Maya’s attempt at shutting down all approvals for any pipeline anywhere in the United States–including PennEast. Why use a fly swatter when you can use a hammer, right? Fortunately, the judges on the D.C. Circuit Court of Appeals didn’t fall for the ruse. The judges ruled last week that FERC’s decisions about authorizing projects are not tied to, nor influenced by, how the agency is funded. Period. In typical fashion, Riverkeeper complained that the decision didn’t go their way, lying about FERC’s “nearly 100% approval rate.” We’ve explained that approval rate before. FERC project approvals are multi-staged. Pipeline projects either fix issues FERC finds in an initial review, or the sponsors pull the projects from active consideration. The end result is that pipeline projects either meet FERC’s high standards, or they don’t get built…
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    Rex Energy Settled Butler County Water Lawsuits for $159K

    Beginning in 2012, MDN reported on the story of a community in western Pennsylvania (in Butler County) whose residents said that nearby drilling by Rex Energy led to contamination of their water wells (see PA Residents Weary of Fight with Rex over Water Contamination and Rex Energy Water Contamination Case Shifts Focus to Water Pipeline). Several of the families sued Rex. The PA Dept. of Environmental Protection, after an extensive investigation, said that Rex’s drilling did not cause the situation. Apparently water quality in the area was never the greatest to begin with. Rex had built a water line in the area to supply water for fracking and had expected to turn over control/ownership of that line in 2013. That water line could be used to supply fresh water to the affected homes. The debate has been: Who will pay to hook up the homes and to maintain the pipes and infrastructure required? Since Rex, according to the DEP, is not to blame for the poor water quality in the area, the company understandably doesn’t want to pay big bucks to connect and maintain the line to residences in the area. As far as we can tell, the water line never got hooked up. However, there has been a resolution of the situation, of sorts. What had been sealed court documents (unsealed because of Rex’s bankruptcy proceedings) show that in April of this year Rex settled with the suing families, paying them between $16,250 and $27,125 each–a cumulative $159,000. Rex maintains the settlement is not an indication of guilt…
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    Southwestern Appeals “Briggs” Trespass Case to PA Supreme Court

    Southwestern Energy has taken the next step of appealing the “Briggs” trespass case to the Pennsylvania Supreme Court–a case of tremendous importance. In April, MDN brought you the news that Pennsylvania Superior Court had handed down a decision (known as the “Briggs” case) that has the power to greatly restrict, perhaps even stop, Marcellus drilling in PA (see PA Superior Court Overturns “Rule of Capture” for Marcellus Well and PA “Rule of Capture” Case has Power to Limit Marcellus Drilling). The issue, in brief, is that the Superior Court decision disallows using an age-old principle called the “rule of capture” when it comes to shale drilling and fracking. It opens the door to a myriad of frivolous lawsuits claiming that a fracture, a crack created during fracking, is draining gas from a neighbor’s property without justly compensating the neighbor for the gas. Southwestern successfully argued in a lower court that the odd crack here and there that may slip under a neighbor’s property is permissible. The landowner appealed to Superior Court and three judges heard the case. Two of the three overturned the lower court and sided with the landowner. Southwestern, following the decision, petitioned the Superior Court to have all of the sitting justices (called en banc) hear the case. Sadly, in June the Superiors proved they aren’t so superior after all, declining to rehear the case (see PA Superior Court Rejects Southwestern “Briggs” Trespass Appeal). Southwestern promised to appeal this critically important case to the PA Supreme Court, and yesterday they did just that. We have a comment from Southwestern below, along with a copy of the brief they filed, and our own thoughts on where this may go after the Supreme Court…
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    Va. Supreme Court Upholds Pipeline Survey Law for 3rd Time

    In 2016 the Virginia Supreme Court accepted a case from an 83-year old granny who didn’t want surveyors working for Dominion’s Atlantic Coast Pipeline to enter her property to conduct a survey for a possible pipeline route (see A Supreme Court to Hear Atlantic Coast Pipe Survey Case). A 2004 Virginia law specifically allows surveyors to enter a property WITHOUT landowner permission, as long as the surveyors provide ample, advance notice of when they are coming. Granny’s case attempted to challenge and end that law. She failed. Last July the Supremes ruled against her (see Va. Supreme Court Rules Against Granny in Pipeline Survey Case). However, Dominion did get a slap on the wrist. The justices said notifications sent for when surveyors will arrive can no longer say the surveyors will arrive “on or after,” because “after” can mean years later. Instead, Dominion will have to give several potential, specific dates when surveyors will visit a property. Fair enough. Except yet another group of landowners sued attempting to overturn the same law–now for a third time. And this third case also ended up in state Supreme Court. Last Thursday the Supremes ruled 6-1 to uphold the existing law that grants pipelines permission to enter property with advance notice. Third time’s a charm?…
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    Enviro Radicals Target ACP with Same Strategy that Shut Down MVP

    Believing they have a winning court strategy that has (temporarily) stopped the Mountain Valley Pipeline (MVP) in West Virginia (see Sierra Club Succeeds in Delaying MVP Project in WV via Court Order), Sierra Club lawyers set about to try and stop MVP in Virginia too (see Enviro Radicals Target MVP in Va. Following WV Court “Win”). But hey, why stop there? The Clubbers are now attempting to use the SAME legal argument to stop Dominion’s Atlantic Coast Pipeline (ACP) in WV, VA and NC. Their strategy was/is to bamboozle the U.S. Court of Appeals for the Fourth District into stopping construction at stream crossings (hundreds of them) by claiming the pipeline can’t complete required work at some of the crossings within the stated 72 hours called for in the original permit. Therefore, the court needs to reassess the umbrella permit issued for all crossings, stopping work at every single stream crossing–which effectively shuts down construction along the entire pipeline while judges dither around, go on summer vacation, then come back and dither some more before making a decision. The gajillion dollar question is, will the court fall for this sleazy legal trick again, and shut down ACP construction as they have MVP?…
    Read More “Enviro Radicals Target ACP with Same Strategy that Shut Down MVP”

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    Army Corps Engrs Reinstates MVP Permits for 4 WV River Crossings

    In May, the radical Sierra Club claimed a victory in temporarily stopping construction work of the Mountain Valley Pipeline (MVP) at four river crossings in West Virginia (see Army Corps Engineers Suspends MVP Permit for River Crossings). The Sierra Club and a mishmash of other radicalized green groups filed a motion asking the Fourth District U.S. Circuit Court of Appeals to suspend a permit issued by the U.S. Army Corps of Engineers that allows MVP to construct the pipeline across streams and rivers in the Mountain State. The Clubbers’ tortured logic was this: When constructing the pipeline across a river, the stated standard (according to the permit) is that construction can take no longer than 72 hours. MVP says it will need longer when constructing the pipeline across four rivers–Elk, Gauley, Greenbrier and Meadow. Therefore (say the Clubbers), MVP is in violation of the general permit issued by the Corps and that means ALL (not just those four rivers) construction should be stopped, immediately. The Corps said they had reviewed the standards and at that point (in May) rescinded the permit as it applies ONLY to those four rivers, NOT to any locations. The Corps has just reissued the permit in question, tweaked to allow MVP more time. That’s the new news and the good news. However, in June the Fourth District Court agreed with the Clubbers and for now, has stopped construction at all 591 stream crossings the pipeline traverses in WV (see Sierra Club Succeeds in Delaying MVP Project in WV via Court Order). So even though the underlying reason the case was brought in the first place, that construction will take longer at four crossings (out of 591) is now resolved, the court order is still in place preventing work at any of the crossings in WV…
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    Major Federal Court Decision Opens Door to Stop DRBC Frack Ban

    A lawsuit that began in 2016 is finally bearing fruit, and may lead to blocking efforts by the rogue Delaware River Basin Commission (DRBC) to block fracking in Wayne and Pike counties in Pennsylvania. In May 2016, a landowner in Wayne County filed a lawsuit against the DRBC asking a judge to declare that the DRBC does not have jurisdiction to prevent construction of a natural gas well (see Wayne County, PA Landowner Sues DRBC Over Fracking Ban). The Wayne landowner argued in U.S. District Court that oil and gas wells, under the DRBC’s charter, do not constitute a “project” that is regulated by the DRBC and therefore are exempt from oversight from the DRBC. The way the DRBC so broadly reinterprets the word “project” in the original charter, it allows them to regulate anything and everything. In March 2016, MDN reported that U.S. District Judge Robert Mariani ruled against the landowner (see Judge Tosses Wayne County, PA Landowner Lawsuit Against DRBC). At first blush it seemed like a setback for landowners in Wayne and Pike counties. But looks can be deceiving. As we pointed out, when you read the judge’s decision, he harpoons all of the DRBC’s legal arguments, but in the end rules against the landowner. Why? Because the judge wanted to send the case to a higher court for an ultimate decision–the 3rd Circuit Court of Appeals. Which is precisely where the case ended up. Last November oral arguments were heard in the appealed case. The DRBC’s lawyer conveniently had a couple of fainting spells that delayed the proceedings when tough questioning didn’t go his way (see DRBC Lawyer Nearly Faints 2nd Time When Questioned by Fed Judges). On Tuesday, July 3rd, the 3rd Circuit Court of Appeals ruled, sending the case back down to U.S. District Court with orders to more fully consider what is, and what is not, meant by the word “project” in the original DRBC charter. Interpretation: This is a MAJOR victory for the landowner, and a MAJOR defeat of the DRBC. No, the case isn’t over yet, but now the full case will get heard. The legal arguments in the case clearly support the landowner. The rogue DRBC is very nervous, as evidenced by reaction from their proxy mouthpiece, THE Delaware Riverkeeper…
    Read More “Major Federal Court Decision Opens Door to Stop DRBC Frack Ban”

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    Enviro Radicals Target MVP in Va. Following WV Court “Win”

    The lawyers that infest the Sierra Club are still celebrating a temporary court victory last week that essentially stops construction of the Mountain Valley Pipeline (MVP) in West Virginia (see Sierra Club Succeeds in Delaying MVP Project in WV via Court Order). Their strategy was/is to bamboozle a court into stopping construction at stream crossings (hundreds of them) by using a technical loophole that MVP can’t complete required work at four of the crossings within the stated 72 hours, therefore the court needs to reassess the umbrella permit issued for all crossings. So the court is doing that, temporarily suspending work at all 591 streams MVP plans to cross in WV. The Sierra Clubbers think that because they won that temporary court victory in WV, maybe they can get lightening to strike twice, convincing the court to pull the permit in Virginia too…
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    Anti Group Sues WVU to Disclose Details of $83.7B China Deal

    Appalachian Mountain Advocates, a far-left, radical anti-drilling organization that some media outlets refer to as a simple “nonprofit law firm,” has filed a lawsuit against West Virginia University to force the university to hand over privileged and secret communications concerning the deal WV struck with China to invest $83.7 billion in the state, in the shale and petrochemical industries. As you may recall, that deal was announced last November (see China Agrees to Invest Amazing $83.7 BILLION in WV Shale, Petchem). The particulars of the “deal” have never been announced–other than the top line number of $83.7 billion in investments. In fact, the “deal” was called a “memorandum of understanding” (MOU), which we said at the time: “[the deal] signed in China yesterday is a Memorandum Of Understanding (MOU). It’s a handshake–a gentleman’s agreement. And sometimes those agreements disappear. So this is far from a done deal.” In early December, following calls to disclose the deal, WV Gov. Jim Justice said the specifics are confidential (see WV Gov Justice Says China Investment Specifics are “Confidential”). So now, here comes a Big Green group trawling for trash–attempting to use (abuse) anything they can to make trouble for the shale industry. They hope if they can get their hot red hands on emails to and from the Red Chinese, they can fabricate a mountain out of a mole hill…
    Read More “Anti Group Sues WVU to Disclose Details of $83.7B China Deal”

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    Sierra Club Succeeds in Delaying MVP Project in WV via Court Order

    The insidious and well-funded Sierra Club has scored another temporary legal victory in stopping Mountain Valley Pipeline (MVP) construction throughout West Virginia. One month ago we reported that the Clubbers had claimed a temporary victory in stopping construction work of MVP at four river crossings in WV. At that time (in May), the Clubbers and a mishmash of other radicalized groups filed a motion asking the Fourth District U.S. Circuit Court of Appeals to suspend a permit issued by the U.S. Army Corps of Engineers that allows MVP to construct the pipeline across streams and rivers in the Mountain State (see Army Corps Engineers Suspends MVP Permit for River Crossings). The Clubbers’ tortured logic was this: When constructing the pipeline across a river, the stated government standard is that construction can take no longer than 72 hours. MVP says it will need longer when constructing the pipeline across four rivers–Elk, Gauley, Greenbrier and Meadow. Therefore (say the Clubbers), MVP is in violation of the general permit issued by the Corps and that means ALL (not just those four rivers) construction should be stopped, immediately. The Corps said they had reviewed the standards and have (for now) rescinded the permit as it applies ONLY to those four rivers, NOT to any other locations. However, the Fourth District Court ruled late last week that construction at all 591 stream crossings the pipeline traverses must now be immediately stopped until the court farts around and considers the full lawsuit brought by the radicalized Clubbers. Enough of this nonsense!…
    Read More “Sierra Club Succeeds in Delaying MVP Project in WV via Court Order”

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    PUC Says PA Strippers Reduced 2017 Impact Fee by $6.1 Million

    Once again we’re talking about strippers. Uh, stripper *wells* that is. In 2012 Pennsylvania passed the Act 13 drilling law that includes an impact fee on wells targeting shale layers, including the Marcellus. Snyder Brothers, headquartered in PA, drills mostly conventional (vertical only) wells in southwestern PA. In 2011-2012 they drilled 45 vertical-only wells targeting the Marcellus. All 45 of the vertical-only wells were fracked. Initially those wells produced more than 90 thousand cubic feet per day (Mcf/day), but by December of the year in which they were drilled, the wells produced less than 90 Mcf/day. The way the 2012 Act 13 law is written, if a well produces less than 90 Mcf/day during “any” month it is considered a stripper well and exempt from paying the impact fee. The state’s Public Utility Commission (PUC) assessed the fee anyway because for 11 months the wells produced more than 90 Mcf/day, arguing the word “any” is not a get-out-tax-jail-free card. Snyder Bros. sued and after an appeal of the case, Snyder Bros. won the case in March 2017, exempting those wells from paying impact fees (see PA Court Says Snyder Bros Wells are Strippers, No Impact Fees Due). That sent the state Public Utility Commission (PUC) into a tizzy with claims the Act 13 impact fees are now in jeopardy. So the PUC appealed the case to the PA Supreme Court. The Supremes heard arguments in the case in April (see PA Supreme Court Takes a Close Look at Strippers…as in Wells). The PUC released its full impact fee revenue generated and disbursed report yesterday (see today’s lead story). The PUC reports that not only are the fees from the Snyder wells missing from the total, but fees for some wells from other drillers as well–some 318 wells in all. Those other drillers cite the Snyder Bros. case as evidence they don’t owe money on what they consider to be stripper wells. In fact, when you total it all up, the PUC says the impact fee revenue for 2017 would have been ~$6.1 million higher if the “missing” fees from those 318 wells were part of the mix…
    Read More “PUC Says PA Strippers Reduced 2017 Impact Fee by $6.1 Million”

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    NY Landowner Who Sued for “Takings” re Frack Ban Loses Fed Case

    Is this the sad end to a noble cause? In 2015 MDN told you about an Allegany County, NY attorney/landowner who filed a lawsuit against the New York Dept. of Environmental Conservation (DEC) over their infamous and politically-motivated ban on fracking (see 1st Lawsuit Filed Against NY Cuomo Frack Ban – in Allegany County). The lawsuit was filed in state Supreme Court in Allegany County. Don’t be fooled by the Supreme Court label. In NY, Supreme Court is one level up from county court. The Supreme Court judge tossed the case saying the attorney/landowner didn’t have standing to file the lawsuit in the first place because he never had a permit to drill on his property. The Appellate Division later upheld the decision. The attorney/landowner then filed the same lawsuit in federal court–bypassing Cuomo-appointed state judges–in federal court last December (see NY Resident (& Lawyer) Sues DEC in Federal Court re Frack Ban). On Monday U.S. District Judge Michael Telesca ruled in that case–against the attorney/landowner, on what amounts to a technicality, saying the case violates the 11th Amendment of the U.S. Constitution which protects states from being sued for money in a federal court. Is this now the end? Does our intrepid attorney/landowner, have anything else up his legal sleeve?…
    Read More “NY Landowner Who Sued for “Takings” re Frack Ban Loses Fed Case”