Litigation

  • | | | |

    PA Supreme Court Upholds Block on DEP Chapter 78a Drilling Regs

    In October 2016, after five years in the making, Pennsylvania adopted new shale drilling regulations (see PA’s New Chapter 78a Drilling Regs Go into Effect Oct 8). Although the regs were ready at the end of the Gov. Tom Corbett Administration, Corbett fumbled the ball and the regs didn’t get adopted, which left them vulnerable to the incoming left-leaning Tom Wolf Administration. Wolf’s people mangled the regulations under the Dept. of Environmental Protection (DEP) Dictator/Secretary John Quigley, who got fired over unethical collusion with Big Green groups. Some of the good stuff remained, but onerous new elements were introduced. The Marcellus Shale Coalition (MSC), which represents PA’s biggest shale drillers, filed an appeal in Commonwealth Court to block the most onerous aspects of the new regulations (see Marc. Shale Coalition Files Lawsuit to Block PA Chapter 78a Regs). The judge agreed to “temporarily” block some of the items in the MSC list (see PA Judge Temporarily Blocks Some DEP Chapter 78a Drilling Regs). In December 2016, the DEP escalated the case by asking the PA Supreme Court to undo the block on those regulations imposed by the lower Commonwealth Court (see PA DEP Asks Supreme Court to Overturn Stay on New Regs). Last October the Supremes heard oral arguments in the case (see PA Supreme Court Hears Arguments on DEP Request to Unblock Regs), and on Friday the Supremes ruled to not undo the block on DEP’s onerous regs–but instead bumped the case back down to Commonwealth Court to let the matter play out there…
    Read More “PA Supreme Court Upholds Block on DEP Chapter 78a Drilling Regs”

  • | | | | | | |

    Big Green Sues to Stop DTE Energy’s MI Gas-Fired Electric Plant

    Click image for larger version

    Last June DTE Energy filed paperwork in Michigan to build a new “state-of-the-art” natural gas-fired power plant in St. Clair County (see DTE Energy Files to Build New Natgas-Fired Elec Plant in Michigan). The gas-fired plant will produce 1,100 megawatts of electricity, enough to power 850,000 homes. If all goes according to plan, the new $1 billion plant will go online in 2022, helping to offset three coal-fired plants set to be retired by 2023. The process is long to approve and then build such a project, with many hoops to jump through. The first hurdle, perhaps THE major hurdle, is an approval by Michigan utility regulators. That happened in April. Right on cue the far-left Sierra Club, Natural Resources Defense Council (NRDC), and Earthjustice, all of which seem to have unending sources of cash to file lawsuits, have together filed an appeal with the Michigan Court of Appeals to reverse the Michigan Public Service Commission (MPSC) decision to approve the project…
    Read More “Big Green Sues to Stop DTE Energy’s MI Gas-Fired Electric Plant”

  • | |

    Nightmare: Appeals Court Upholds Right to Cancel Pipeline Deals

    Drillers may have a new “get out of (pipeline) jail free” card. If you don’t like your 10-20 year pipeline contract, just file for bankruptcy and cancel the contract during the “reorganization” process, emerging from bankruptcy without the responsibility to fulfill the long-term contract you signed. That’s the option just upheld by the Second Circuit Court of Appeals (unsurprisingly located in New York). MDN has covered this issue for more than two years. In March 2016, MDN brought you the news that a NY bankrutpcy court judge had allowed Sabine Oil & Gas, going through bankruptcy, to cancel a pipeline gathering contract with Cheniere’s Nordheim Eagle Ford Gathering in Texas (see Midstream Nightmare Comes True: Judge Lets Driller Cancel Contracts). Nordheim spent $84 million building a pipeline system to Sabine’s wells. In return for laying out that kind of money, Sabine, as is almost always the case, signed a multi-year contract with Nordheim (10 years in this case), ensuring Nordheim would make a profit on its up-front investment. The judge allowed Sabine to unilaterally cancel the deal several years into the contract as part of the bankruptcy process. We asked at the time: If a driller signs a contract and that signature is no longer any good, will anyone build pipeline systems anymore? We later brought you insight from a pair of lawyers who said: “If other judges follow the analysis and conclusions reached in the Sabine Oil case, the expectations of midstream service providers in the oil and gas extraction process might be turned on their heads” (see Lawyers Warn Pipeline Case May Turn Midstreamers “On Their Heads”). Indeed. Now that the Second Circuit has upheld this disastrous lower court decision, with the only appeal option left being the U.S. Supreme Court (which likely won’t take the case), we’re holding our breath to see what happens next. It seems this is the nightmare we can’t wake up from. Will midstream companies quit building gathering systems?…
    Read More “Nightmare: Appeals Court Upholds Right to Cancel Pipeline Deals”

  • | | | | | |

    FERC Defends Atlantic Bridge Pipe Approval in DC Circuit Court

    In January 2017 the Federal Energy Regulatory Commission (FERC) granted final approval for the Atlantic Bridge expansion project (see FERC Approves Atlantic Bridge Project for New England/Canada). The Spectra Energy/Enbridge project beefs up capacity along the Algonquin Pipeline, along with more capacity for Spectra Energy’s Maritimes & Northeast Pipeline, to carry more Marcellus/Utica gas into New England and (eventually) all the way to Nova Scotia, Canada. Much of the project is now done–except in Massachusetts where a critical compressor station planned for Weymouth is stalled (see Massachusetts Blocking Atlantic Bridge Pipeline from Completion). Weymouth itself along with a smattering of radical environmentalist groups filed a lawsuit against FERC, claiming FERC did a “shoddy environmental review” before approving the project, arguing FERC’s approval should be overturned by the court. On Tuesday FERC fired back asking the D.C. Circuit Court of Appeals to toss the frivolous lawsuit and let them get on with finishing this critical project…
    Read More “FERC Defends Atlantic Bridge Pipe Approval in DC Circuit Court”

  • | | | | | | |

    Sunoco Appealing ME1 Shutdown to Full PUC to Overturn Lib Judge

    As MDN reported last Friday, fossil fuel opponents finally located a liberal judge that they could persuade to abuse her judicial power to shut down not only construction on the 98% complete Mariner East 2 (ME2) pipeline project, but also shut down Mariner East 1 (ME1), a pipeline that has been working with no issues or problems for over a year (see Antis Get Lib Judge to Shut Down All Mariner East Pipes, Dems Rejoice). It is an outrage that a single judge can inflict such economic damage. Sunoco responded by saying they are pursuing “all legal remedies to overturn this Order, including our right to request PUC review of the Order, which will be filed within the next seven days.” If/when Sunoco appeals to the Public Utility Commission (PUC), the full commission can and likely will meet right away, in a non-public hearing, and could restore ME1’s right to flow NGLs immediately, overruling the judge’s overtly political order. It could happen as fast as this week, although it’s more likely to happen next week. In the meantime, every day ME1 is down, great economic harm comes to companies like Sunoco and their customers that use ME1, primarily Range Resources…
    Read More “Sunoco Appealing ME1 Shutdown to Full PUC to Overturn Lib Judge”

  • | | | | | | | |

    Last MVP Tree Sitter in Franklin Co. Comes Down, Trees Cut

    MVP protester

    We’ve run out of words to describe just how lunatic (and hypocritical) Big Green radicals are in their quest to stop fossil fuel projects. The last of the tree sitters opposing the Mountain Valley Pipeline (MVP) project in Franklin County, Va. who had taken to climbing and living in trees along the pipeline’s path have come down, after a judge charged them with contempt (in federal court, a very serious charge), and after MVP workers began cutting some of the trees close to where they were located. A tree sitter calling himself Ink (like the stuff used in pens) had been living in the trees in Franklin County for the past two weeks. He claims that when MVP workers began cutting branches and tops of trees nearby, some of which were connected to a spiderweb of ropes put there by the protesters, one of the branches hit Ink and scratched him, making him bleed. Poor baby. Here, let us grab a box of Kleenex to wipe away our tears. After Ink came down, another protester went up, calling herself Sprout. She stayed up there for four hours. After Sprout was ordered to appear in court on federal charges, she came down too, ending the tree sitting in Franklin. For now. We believe there may be two “sitters” (one up a tree, one up a pole) left in other locations. These “brave” people who refuse to use their real names and identify themselves go by names like Ink, Sprout, Red and Nutty. Need we say more? Our point: Fight for your cause in court or with regulatory agencies. Don’t take the law into your own hands. We live in a land with laws, not anarchy where everyone does what is right in his own sight. If the actions of these so-called protesters (i.e. illegal law breakers) are left unchallenged, it is the beginning of the end for our society built on the rule of law…
    Read More “Last MVP Tree Sitter in Franklin Co. Comes Down, Trees Cut”

  • | | | | | | | |

    Antis Get Lib Judge to Shut Down All Mariner East Pipes, Dems Rejoice

    Anti-fossil fuel nutters have finally, after months and years, scored a minor victory. They’ve been shopping to locate an ultra-liberal judge who would ignore the law and instead issue edicts from the bench–to shut down both the Mariner East 1 (ME1) and Mariner East 2 (ME2) pipeline projects. Yesterday Elizabeth Barnes, an administration law judge for the Pennsylvania Public Utility Commission (PUC), unilaterally ordered Sunoco Logistics Partners to “cease and desist all current operation, construction, including drilling activities on the Mariner East 1, 2 and Mariner East 2X pipeline” in West Whiteland Township (Chester County, PA). The judge also moved to shut down all operations of Mariner East 1 across the state, ruling that she is “enjoining Respondent from operating Mariner East 1.” It is a breathtaking display of arrogance and seizure of power that does not belong to her. The ruling runs counter to other decisions regarding these critical pipeline projects–projects that have been thoroughly vetted by numerous regulatory agencies. Construction of ME2 is 94% complete! ME1 has been flowing NGLs for over a year–with ZERO problems! And yet Barnes has shut it all down, with the stroke of a pen. We predict it won’t last long…
    Read More “Antis Get Lib Judge to Shut Down All Mariner East Pipes, Dems Rejoice”

  • | | | | | | |

    Army Corps Engineers Suspends MVP Permit for River Crossings

    The radical Sierra Club is claiming a victory in temporarily stopping construction work of the Mountain Valley Pipeline (MVP) at four river crossings in West Virginia. On Tuesday the Sierra Club 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. The Clubbers’ tortured logic is this: When construction of the pipeline across a river, the stated 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 Fourth Circuit has not yet rendered a decision, however, the Corps itself said they had reviewed the standards and have (for now) rescinded the permit as it applies ONLY to those four rivers, NOT to any locations. So it’s a partial, and temporary, victory for the Clubbers…
    Read More “Army Corps Engineers Suspends MVP Permit for River Crossings”

  • | | | | |

    NH Supreme Court Decision Puts New England Pipe Back in Play

    A recent New Hampshire Supreme Court decision may breathe new life into a natural gas pipeline project believed to be dead–or at least on life support. Spectra Energy (now owned by Enbridge) first announced an unnamed pipeline project to shuttle gas from the Marcellus/Utica to New England in July 2014 (see Spectra Energy to the Rescue! New England Pipeline Expansion). In September 2014 Spectra announced they had named the project Access Northeast and added Northeast Utilities–now called Eversource Energy–as a partner (see Spectra Energy New England Pipeline Gets a Name & a Partner). In December 2014, Spectra formed an alliance with a competitor, the Iroquois Gas Transmission pipeline, to further extend the reach of the project (see Spectra Energy Alliance with Iroquois to Sell Marcellus Gas to NE). The project is pegged to cost around $3 billion and would connect four different pipeline systems: Texas Eastern, Algonquin Gas Transmission, Iroquois and Maritimes & Northeast. But then Spectra/Eversource was dealt a body blow by Massachusetts in 2016 (see MA Supreme Court Ruling Endangers New England Gas Pipelines). The project was dealt a second body blow in 2016 by New Hampshire when regulators said Eversource could not pass along some of the costs of the pipeline to electric rate payers (see NH Regulators Veto Access Northeast Pipeline Contract). The NH Supreme Court has just overturned the ruling by NH regulators and has said yes, Eversource CAN pass along some of the costs, because electric customers will directly benefit from the pipeline project…
    Read More “NH Supreme Court Decision Puts New England Pipe Back in Play”

  • | | | | |

    Only 10 Miles of Atlantic Coast Pipeline Affected by Court Ruling

    Last week MDN told you that the U.S. Fourth Circuit Court of Appeals had invalidated (vacated) a permit issued by the U.S. Fish and Wildlife Service that allows Dominion Energy’s Atlantic Coast Pipeline (ACP) to accidentally kill a few bats and bumble bees (classified as endangered) as it builds the massive $6.5 billion, 600-mile project from West Virginia to North Carolina (see U.S. Fourth Circuit Court Vacates Key Permit for Atlantic Coast Pipe). The Sierra Club and several other radical, far-left groups were behind the court case that led to the decision. However, as it turns out, the decision doesn’t really hurt the project all that much. The vacated permit isn’t so “key” after all. Of the 600 or so miles of pipeline getting built, the vacated permit from Fish and Wildlife only affects about 10 miles of pipeline. A nothingburger. Dominion continues to build ACP and the 10 miles of affected construction will get done after Fish and Wildlife redoes the paperwork to the court’s liking. Antis are furious (as they always are), claiming the court ruling shuts down all construction. Not so. Construction continues, despite antis’ moaning and groaning…
    Read More “Only 10 Miles of Atlantic Coast Pipeline Affected by Court Ruling”

  • | | | | |

    Top NJ Officials Continue Attacks Against PennEast Pipeline

    New Jersey’s Attorney General, Gurbir Grewal (Democrat), and New Jersey Senator Corey Booker (also a Democrat) continue a coordinated attack on the PennEast Pipeline in an effort to appease their radical/left base of supporters. PennEast is a $1 billion, 120-mile, 36-inch pipeline from Dallas (Luzerne County), PA to Pennington (Mercer County), NJ. The Federal Energy Regulatory Commission (FERC) granted final approval for the project in January (see FERC Grants Final Approval for PennEast Pipe – Real Battle Begins). Since that time the NJ Sierra Club along with other so-called environmental organizations have coordinated legal and regulatory attacks against the project, enlisting willing accomplices Grewal and Booker. In March Grewal asked the U.S. District Court in NJ to overturn PennEast’s federally-delegated right to use eminent domain to take state-owned AND private-owned property in the path of the pipeline. In early April, Sen. Booker asked FERC to reconsider its approval of the project. And earlier this week, the NJ Dept. of Environmental Protection and Delaware and Raritan Canal Commission, represented by Grewal, asked the D.C. Circuit Court of Appeals to review FERC’s January approval of the project. NJ has all guns out and shooting in an attempt to assassinate PennEast…
    Read More “Top NJ Officials Continue Attacks Against PennEast Pipeline”

  • | | | | | |

    U.S. Fourth Circuit Court Vacates Key Permit for Atlantic Coast Pipe

    Disgusting and frustrating. That’s our reaction to a decision by the U.S. Fourth Circuit Court of Appeals that invalidates (vacates) a permit issued by the U.S. Fish and Wildlife Service that allows Dominion Energy’s Atlantic Coast Pipeline (ACP) to accidentally kill a few bats and bumble bees (classified as endangered) as it builds the massive $6.5 billion, 600-mile project from West Virginia to North Carolina. The Sierra Club, Defenders of Wildlife and Virginia Wilderness Committee (all radical left organizations) previously sued in federal court asking the court to stop work on ACP until the Federal Energy Regulatory Commission makes a decision on whether or not to “rehear” their decision to approve the project in the first place. In March, the court declined to stop work on ACP (see Fed Court Dismisses Anti Lawsuit to Stop Atlantic Coast Pipeline). However, as part of the effort to stop ACP, Sierra Club, et al also asked the court to invalidate a key permit by the U.S. Fish and Wildlife Service, which the court did do on Tuesday. Sierra Club is now demanding that the court revisit its decision about whether to stop all work on the pipeline. In the meantime, work does continue. Dominion says while it’s disappointed in the decision and will have to get a new, more specific permit from Fish and Wildlife, in the meantime they’ll continue construction in those (many) places not under the now-invalid permit. That is, most construction will continue. This does not really hamper the project. Not yet anyway. As long as the Fourth Circuit doesn’t shut it all down…
    Read More “U.S. Fourth Circuit Court Vacates Key Permit for Atlantic Coast Pipe”

  • | | | | |

    Fed Court Forces FERC to Decide on MVP Rehearing, No More Delays

    It was a big week for Sierra Clubbers. The radical environmental organization (that irrationally hates all fossil fuels, even fossil fuels they used to love, like natural gas) previously filed a lawsuit in the U.S. District Court of Appeals for D.C. asking the court to consider whether or not the Federal Energy Regulatory Commission (FERC) should have issued an approval for Mountain Valley Pipeline (MVP). MVP is a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA–to move Marcellus/Utica gas south. No, the court did not rule FERC was out of order in its decision. Not yet, anyway. This gets in the weeds just a bit, so bear with us. The first step in the process of challenging a pipeline is to ask FERC to rehear their decision. If FERC refuses to rehear (reconsider) the decision, then whoever asked for the rehearing is free to file a lawsuit in the court system to challenge FERC’s decision to approve a project. FERC has 30 days to make a rehearing decision–unless they pull out the “tolling order” card and play it. A tolling order allows FERC more time to decide on rehearing–months, even a year. FERC played the tolling order card here and told the court, “We haven’t decided on rehearing yet, so you need to toss out the radical Sierra Club lawsuit challenging our decision to approve MVP” (MDN condensed version). This week the court said a very loud “NO” to FERC’s request. The court further told FERC to get off its duff and make the rehearing decision within 30 days. In the meantime, the Sierra Club of course wants MVP construction “paused indefinitely” while they continue to tie it up in legal knots. Don’t look for that to happen…
    Read More “Fed Court Forces FERC to Decide on MVP Rehearing, No More Delays”

  • | | | |

    PA Green Group Uses Kids to Sue Feds for “Indifference to Science”

    In August 2015, MDN told you about a lawsuit brought by a group of left coast radicalized children who want to force the federal government to become communist and “force action” on mythical climate change (see Group of Kids Sues U.S. Govt to Force Action on “Climate Change”). There have been a number of legal twists and turns since that time, but the bottom line is the U.S. Court of Appeals for the Ninth Circuit (in California), often called the “Ninth Circus” because of the clowns who pass for judges who sit on the bench, in March ruled the lawsuit can proceed (see 9th Circus Allows Climate Lawsuit by Radicalized Kids to Proceed). What we didn’t know/realize is that Pennsylvania has its own version of the same lawsuit playing out. The Philadelphia-based Clean Air Council (radical enviro group) glommed onto two children to perpetrate the same kind of fraudulent lawsuit in federal court in the Keystone State. In November 2017, CAC and the two kids they’ve tricked sued Donald Trump (President), Scott Pruitt (EPA), Rick Perry (Dept. of Energy) and Ryan Zinke (Dept. of Interior) claiming their collective actions in “rolling back” environmental protections (put in place by Lord Obama) shows “reckless indifference to science” and should not be allowed. No, this is not the script for a sitcom. This is real. On May 3, the defendants (the federal government) filed a motion to dismiss this nonsensical lawsuit. On May 11, the CAC and radicalized kids responded asking the court to not dismiss…
    Read More “PA Green Group Uses Kids to Sue Feds for “Indifference to Science””

  • | | |

    San Francisco Play Exposes $18B Environmental Fraud

    A shocking and at times farcical tale of how an environmental lawsuit turned into the world’s biggest fraud is revealed in a new play. The world premiere of “The $18-Billion Prize,” based on the true story of rainforest natives and their New York lawyer “fighting for justice” against one of the world’s biggest oil companies, opens May 19 at San Francisco’s Phoenix Theatre. Performances continue through June 3. Written, or perhaps a better word is assembled, by Phelim McAleer and Jonathan Leaf, the play uses exact words from transcripts of court documents. In 1993, Steven Donziger, a Harvard-educated American lawyer, represented indigenous groups from Ecuador’s rainforest in a class action lawsuit against Chevron–a shakedown. The case received an enormous amount of media attention, including major coverage by Vanity Fair, Rolling Stone and 60 Minutes to name a few, and it drew the support of international celebrities. Chevron, to their credit, fought back. An American court found evidence of fraud and ordered Donziger to hand over his files and diaries, which exposed a massive bribery and corruption scheme. The play will make you laugh, and cry, and make you angry that such a long-running fraud could be perpetrated here in the United States…
    Read More “San Francisco Play Exposes $18B Environmental Fraud”

  • | | | | | | |

    Dela. Riverkeeper Suffers Major Defeat in Martian Well Case

    Nearly a year ago MDN reported that Big Green group THE Delaware Riverkeeper (aka Maya van Rossum) and the odious Philadelphia-based Clean Air Council (CAC) had suffered a crushing legal defeat in their attempt to interfere with shale drilling on the opposite side of the state from where the Delaware River and Philly is located (see Dela. Riverkeeper Loses Martian Case to Stop Rex Energy Drilling). A small group of anti-drilling parents from the Mars School District (whom we affectionately call “Martians”) in Butler County, PA, backed by money and legal help from Riverkeeper and CAC, filed frivolous lawsuit after frivolous lawsuit aimed at denying landowners in Middlesex Township revenue from legally permitted drilling. Even amid the back and forth lawsuits, at least two of the wells were permitted and drilled by Rex Energy, despite the bleatings of the Martians (see Martian Victory! 2 Wells Near Mars School Nearly Done Drilling). Following last year’s final word by PA Commonwealth Court, we thought that was the end of it. However, Riverkeeper and CAC tried one last, desperate attempt–by filing an appeal with the Environmental Hearing Board. The EHB is a special court set up to hear appeals of decisions made by the Dept. of Environmental Protection (DEP). Riverkeeper and CAC argued that the DEP abrogated their responsibilities under the PA Environmental Rights Amendment (ERA) to protect PA’s environment by issuing permits for Rex’s Martian wells. Last Friday the EHB ruled that DEP was well within its rights and did not, in fact, violate the ERA by allowing the Rex wells…
    Read More “Dela. Riverkeeper Suffers Major Defeat in Martian Well Case”