Fed Court Dismisses Anti Lawsuit to Stop Atlantic Coast Pipeline
Earlier this month MDN reported that the Southern Environmental Law Center and Appalachian Mountain Advocates, on behalf of a mishmash of second tier radical groups, filed a “hail Mary” request with the federal Fourth Circuit Court of Appeals to stop construction of Dominion Energy’s Atlantic Coast Pipeline until a lawsuit sitting before the Fourth Circuit questioning the validity of the permits granted for the project is played out (see Big Green Makes Desperate Attempt to Stop Atlantic Coast Pipe). Last week the Fourth Circuit responded by denying the request to stop ACP. Why? Because the Federal Energy Regulatory Commission (FERC) has not yet decided on whether or not to rehear their decision on ACP, which Big Green previously requested. FERC has used a “tolling order” to give themselves more time to consider whether or not they were wrong in approving the ACP project. The Fourth Circuit doesn’t have jurisdiction until FERC makes a decision on rehearing. In the meantime, construction on ACP continues…
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If the so-called “tree sitters” in Jefferson National Forest who are trying to block tree cutting for the Mountain Valley Pipeline (MVP) get themselves hurt, Monroe County Circuit Court Judge Robert Irons will be the one to blame. Well actually, the protesters can blame themselves (they’re idiots), but Irons is certainly complicit. On Tuesday Judge Irons refused to grant MVP a court order to remove the radical protesters. Apparently they are 7 feet outside of the right of way zone for tree felling. Have you ever cut a big tree down? Trees don’t care if they fall 7 feet this way or 7 feet that way when they fall. MVP wants to ensure the protesters don’t get hurt, and wants them gone before they cut trees near them. But because the radicals technically, according to the judge, are not in the actual right of way, they can stay up the trees where they’ve been for the past 25+ days. There are two suspended tree houses (platforms), held in the trees with ropes. Up to seven people have been living in the two magic tree houses, eating, breathing and defecating up in the trees (harming the environment they profess to be protecting). MVP technically has a deadline of March 31 to fell trees along the path of the pipeline. We suspect MVP has a Plan B for this segment where the loons have perched themselves up a tree. We predict sitting up a tree will get old sooner or later–and MVP can wait them out…
Sunoco Logistics Partners (aka Energy Transfer Parnters) has had its challenges in constructing the twin Mariner East 2 (ME2) pipelines across Pennsylvania. Earlier this month MDN told you that underground horizontal directional drilling (HDD) work in Chester County had led to a third sinkhole developing in that area (see
There’s a number of threads to the ongoing saga of Constitution Pipeline, a $683 million, 124-mile pipeline from Susquehanna County, PA to Schoharie County, NY to move Marcellus gas into New York State and from there, into New England. The Andrew Cuomo-corrupted NY Dept. of Environmental Conservation (DEC) refused to grant the pipeline necessary federal stream crossing permits, blocking construction, in April 2016 (see
In September 2016, MDN brought you the sad news that the former head of external affairs and government relations for Competitive Power Ventures (CPV), Peter Kelly, was indicted for bribing New York Gov. Cuomo’s long-time top aide Joseph Percoco to get state approvals for CPV’s $900 million Valley Energy Center natural gas-fired electric generating plant in Orange County, NY (see
There’s a number of threads to the ongoing saga of Constitution Pipeline, a $683 million, 124-mile pipeline from Susquehanna County, PA to Schoharie County, NY to move Marcellus gas into New York State and from there, into New England. The Andrew Cuomo-corrupted NY Dept. of Environmental Conservation (DEC) refused to grant the pipeline necessary federal stream crossing permits, blocking construction, in April 2016 (see
In some places, drillers have to fight tooth and nail, every inch of the way, just to drill a simple Marcellus Shale well. Such is the case in Upper Burrell (Westmoreland County), PA. Huntley & Huntley has plans to drill four shale wells in Upper Burrell Township. Sure there’s been push-back, but we thought the corner had been turned when town supervisors voted last November to approve H&H’s plans (see
Big Green groups opposed to Dominion Energy’s $6.5 billion (up from $5 billion due to delays) Atlantic Coast Pipeline (ACP) from West Virginia through Virginia and into North Carolina are about out of options in their holy mission to stop the project. They’ve tried multiple lawsuits, protests, bullying state environmental agencies–the whole bag of nasty tricks. And yet ACP is now under construction. What’s left to try to stop it? The Southern Environmental Law Center and Appalachian Mountain Advocates, on behalf of a mishmash of second tier radical groups, have filed a “hail Mary” request with the Fourth Circuit Court of Appeals to stop construction of ACP until a lawsuit sitting before the Fourth Circuit questioning the validity of the permits granted for the project is played out. In other words, back to the tried-and-true playbook: delay, delay, delay–until eventually you deny…
Last December MDN told you about the bastardization of our justice system. The New York University (NYU) School of Law is paying to hire radical (Democrat) attorneys to work inside the offices of the Attorneys General in 10 different states–Pennsylvania being the latest (see
There’s a reason the U.S. Court of Appeals for the Ninth Circuit (in California) is often called the “Ninth Circus”–because of the clowns who pass for judges who sit on the bench for that court. Lawyers representing children (children we maintain they are mentally abusing), filed a lawsuit that aims to force the end of the use of all fossil fuels in the United States, in the name of so-called man-made global warming (see
Last Friday a judge for the U.S. District Court for the Western District of Virginia granted Mountain Valley Pipeline (MVP) the right to enter and construct the pipeline on properties of landowners who have refused to negotiate a right-of-way across their land. There are nearly 300 landowners who have refused to deal with MVP–and their time is now up. Instead of getting a higher price for leasing their property, MVP will first build and later let a court determine how much money the landowners will receive. The courts almost always determine amounts lower than could have otherwise been negotiated between the landowner and the pipeline company. Oh well. Some folks have to learn the hard way…

We recently dodged a couple of legal bullets with respect to building pipeline projects. A recent Fourth Circuit Court of Appeals case brought by anti-fossil fuelers against the Mountain Valley Pipeline (MVP) would have gutted the Federal Energy Regulatory Commission’s (FERC) ability to grant eminent domain powers to pipeline companies. Whew, dodged that bullet. In Pennsylvania’s Commonwealth Court, THE Delaware Riverkeeper and other antis tried to upend the centuries-old principle that federal law trumps state law, and state law trumps local law. Riverkeeper argued local laws should stop the Mariner East 2 project. Whew, dodged that bullet too…