Once again a group of radical, litigious Big Green groups is attempting to stop the Mariner East 2 Pipeline project.
Read More “Radical Groups Sue to Block ME2 After Construction Restart”
Yesterday MDN brought you the news that THE Delaware Riverkeeper and several residents from West Goshen, PA (in Chester County, near Philadelphia) had lost a court appeal that would have stopped Sunoco’s Mariner East 2 pipeline in the town due to a violation of a local zoning ordinance (see PA Town Loses Appeal to Block ME2 Pipe with Local Zoning Ordinance). Our coverage of that story was from the perspective that local town ordinances do not trump state oil and gas regulations. Which is true. However, MDN friend Tom Shepstone, writing on his always-excellent Natural Gas Now website, had a slightly different take on the importance of the lawsuit. There is a deeper, more insidious strategy at play by Riverkeeper that Tom picked up on in this lawsuit. He does a masterful job of exposing that strategy (using the PA Environmental Rights Amendment) in his post, which we reproduce below. Which is interesting, and everyone needs to be aware of what’s happening. However, it was Tom’s final solution/admonition that had us standing up and cheering. Tom concludes (as MDN has been advocating for years) that it’s time to take the fight to the opposition. Their strategy of endless, frivolous lawsuits is having a negative effect on our industry. It’s time we litigate them in return–and expose their fraudulent use of our tax system to shield their overt political activities. It’s time to sue them…
Read More “Time to Go on Offense and Sue PA Big Green Groups”
Yesterday MDN brought you news that Uwchlan Township (Chester County, PA) has filed a lawsuit in an attempt to stop construction of the Mariner East 2 Pipeline (ME2) through portions of the town, claiming the pipeline violates a town ordinance for “setbacks”–how far the pipeline is located from buildings and other structures (see PA Town Sues Sunoco for ME2 Pipe Construction “Too Close” to Homes). As we said yesterday, while residents in Uwchlan may have legitimate concerns, they are trying to handle those concerns illegitimately–by claiming local ordinances have power over state regulations. It’s the other way around. State regulations trump local ordinances in cases like ME2. Pennsylvania’s Commonwealth Court agrees. Uwchlan isn’t the only town to try this approach. Two towns away in Chester County is West Goshen. We won’t bore you with the details, but suffice it to say West Goshen has tried a number of regulatory and legal actions to block ME2 in the town. One of those actions was a lawsuit brought by the anti-drilling, anti-pipeline THE Delaware Riverkeeper (Maya van Rossum). Riverkeeper, on behalf of a couple of town residents, took Sunoco to court to block ME2 on the basis that it violates a local zoning ordinance. Yesterday Commonwealth Court rejected that claim and reaffirmed what everyone (who knows and obeys the rule of law) knows: State regulations trump local ordinances. The misguided officials in Uwchlan have said they “will evaluate [their] enforcement action in coming days, in light of the Commonwealth Court ruling.” Indeed. If Uwchlan pushes forward with their case, it will be to certain defeat–a total waste of taxpayer money…
Read More “PA Town Loses Appeal to Block ME2 Pipe with Local Zoning Ordinance”
The Ohio Dept. of Natural Resources (ODNR) is actively working on new regulations “regarding storage, recycling, treatment, processing, and disposal of brine and other waste substances.” That is, for wastewater treatment and disposal from the oil and gas industry. It’s taking the ODNR a while to hash out the new regs (they were instructed to do so back in 2014). However, in the meantime, ODNR issues special orders/permits on a case by case basis to allow wastewater treatment and disposal facilities to start up and operate. Hoping to shut down all drilling (in Ohio and other states that send wastewater to Ohio), the odious Food and Water Watch and misnamed FreshWater Accountability Project sued in the Tenth District Court of Appeals, arguing that because ODNR hasn’t released the new regs, they shouldn’t be allowed to keep issuing temporary/special permits. The Tenth District said the radical enviro groups didn’t have standing to file the case and dismissed it. On appeal to the State Supreme Court, the Supremes said the same thing. Therefore, ODNR’s authority to continue granting temporary/special permits for wastewater treatment remains in effect. Another huge loss for Food and Water Watch…
Read More “OH Supreme Court Rejects Anti Request to Stop Wastewater Disposal”
This simply must stop. We MUST begin to countersue (monthly/weekly/daily if necessary) the Big Green radical groups that continue to bring a flood of lawsuits against legally permitted pipeline projects. We must! It is the only way to even the playing field. Mountain Valley Pipeline (MVP)–a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA–is one of the targets of Big Green. MVP has had so many lawsuits filed against it, we can’t keep track of them all. Two recent examples. (1) Five radical green groups, including the Sierra Club, Appalachian Voices, Chesapeake Climate Action Network, West Virginia Rivers Coalition, and Wild Virginia, sued the Federal Energy Regulatory Commission (FERC) in federal court in early January over FERC’s approval of the project (see 5 Radical Green Groups Sue to Stop Mountain Valley Pipeline). A few weeks later, the radical Chesapeake Bay Foundation and the Southern Environmental Law Center, on behalf of more than a dozen environmental groups (the including the ones previously listed) sued the Virginia Water Control Board for approving MVP’s application for stream crossing permits (see Big Green Files Lawsuit Against VA Regulators for Approving Pipe). And now, the same lawyers involved in those other cases are doing it again. On Wednesday, five Big Green groups, including the Sierra Club, West Virginia Rivers Coalition, Indian Creek Watershed Association, Appalachian Voices, and the Chesapeake Climate Action Network sued the U.S. Army Corps of Engineers in federal court over the Corps’ approval of the project. Enough! Start to sue back! Here’s the details (and a copy of) the latest lawsuit by Big Green radicals…
Read More “5 Big Green Groups File Another Lawsuit to Stop Mountain Valley Pipe”
Something momentous has just happened. The loons at the Sierra Club, who once loved natural gas until they began irrationally hating it, have just admitted to the world that burning natural gas to produce electricity is A.O.K. with them. Brunner Island Power Plant is located in York County, PA, straddling Lancaster County. It is a huge, 1,490 megawatt coal-fired electric generating plant, and has been the target of environmentalists for years. In February 2017, MDN told you that the new owner of the plant is investing $100 million to retrofit the plant so it can, at least part of the time, burn Marcellus Shale gas (see York County, PA Electric Plant Begins Using NatGas as Fuel). Talen Energy (the new owner) said it “plans to burn little or no coal until 2019 as part of a ‘site evaluation.’” Meaning almost all (perhaps all) of the fuel powering the plant at this point is Marcellus Shale gas. Which is why we’re interested in the plant and what happens to it. However, it appears they still burn coal from time to time. Talen has just signed to settle a lawsuit brought by the odious Sierra Club. The terms of the settlement say they will burn only Marcellus gas during “peak ozone season”–from May 1 through Sept. 30–starting in 2023. Talen will phase out coal completely by 2028. In other words, the Sierra Club, contrary to its own “end natural gas” campaign, has just signed a settlement admitting they think natural gas is far better for the environment than coal. Actions speak louder than words…
Read More “York, PA Electric Plant to Drop Coal, Burn Only Marcellus Gas”
MDN told you last week that anti officials who lead the City of Green, OH (Summit County), had finally faced the reality that NEXUS Pipeline–a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada–will come through their vicinity (see Antis of Green, OH Finally Face Reality – Will Allow NEXUS Pipe). Green previously hired a high-priced Cleveland law firm to try and scuttle the NEXUS project (see Green, OH Paying Lawyers $100K to Fund Stop NEXUS Crusade). In the end, everyone has their price. For Green, the price is $7.5 million and 20 acres of land that sit next to an existing city park. While Green antis in city government hate the idea of the pipeline getting built at all (especially Green’s anti-pipeline mayor), the writing is on the wall. They will lose and they know it. To save face, the mayor negotiated a deal with NEXUS that city council voted to accept. However, the mayor and city council’s actions don’t sit well with some of the more radical elements in Green. The rads have since launched a campaign to force the city to accept a vote on whether or not to settle with NEXUS. The city says the signed settlement from last week is an administrative action, not subject to a popular vote. The rads say otherwise. It’s shaping up to be a legal battle royale in Green–antis against antis. Grab the popcorn!…
Read More “Green Antis Try to Reverse City’s $7.5M Deal to Allow NEXUS Pipe”
Kentucky antis have gone to court to try and block a plan by Kinder Morgan to convert a portion of the Tennessee Gas Pipeline that flows natural gas from the Gulf Coast to the northeast, to reverse the pipeline and flow natural gas liquids from the Marcellus/Utica region to the Gulf. Part of the 964-mile project runs through Kentucky (see KM Plans to Convert Tennessee Gas Pipeline to Flow M-U NGLs South). The first step in the reversal process was approved by the Federal Energy Regulatory Commission last October (see FERC Advances Plan to Reverse Part of TGP to Haul M-U NGLs to Gulf). Antis in Kentucky got their bluegrass knickers in a twist over FERC’s action. They filed a request for “rehearing” of FERC’s decision, which is the first step in a process that typically ends up in court. First the “aggrieved party” (antis are in a perpetual state of being aggrieved) must request a rehearing. If FERC denies the rehearing request, antis (Big Green groups with deep pockets representing them) then file a lawsuit in federal Appeals Court to try and stop FERC from continuing to approve the project. Normally FERC has 30 days to decide on a rehearing, however, they have a little tactic they call a “tolling order” which allows them to extend the amount of time to make a rehearing decision–indefinitely. FERC pulled out the tolling order card and played it with the TGP project last November (see FERC Frustrates Kentucky Radicals Seeking to Stop TGP Pipe Reversal). The antis aren’t waiting. They’ve just filed a lawsuit challenging the FERC tolling order. Here’s the latest from the enviro nuts in the Bluegrass State…
Read More “Kentucky Antis File Lawsuit to Stop TGP NGL Pipe Reversal”
It’s about time! The gloves need to come off and our side (pro-fossil fuel) needs to aggressively launch lawsuits against the lawyers and groups who continue to launch a barrage of frivolous lawsuits against us, trying to shut down all fossil fuel companies (but not before they empty fossil fuel company coffers). Exxon is fighting back. The gloves are off. It’s time to talk about Fight Club–out in the open. We have, from time to time, chronicled the lawsuits launched by New York State’s out-of-control Attorney General, Eric Schneiderman. Schneiderman, Massachusetts AG Maura Healey and other lefty Dems formed an unethical secrecy pact in their campaign to shake down Exxon Mobil by claiming the company “knew” man-made global warming exists and that burning the nasty fossil fuels the company produces contributes to it (see Smoking Gun: AGs Signed Pact to Keep Exxon Documents Secret). It doesn’t matter that man-made global warming is an unproven theory–not even real science. Schneiderman and his cabal of legal jackals tried to gang up on the Exxon Mobil water buffalo–except this time the water buffalo prey is healthy and is fighting back, by launching lawsuits against Schneiderman and others whom he is colluding with. It’s time to take down the jackals…
Read More “Exxon Fights Back, Countersues AGs & Big Green Attorneys”
Contrary to stories begin spun by anti-fossil fuel groups, Williams has not given up the fight to build the 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 pipeline faces stiff odds. In 2016, the Andrew Cuomo-corrupted NY Dept. of Environmental Conservation (DEC) abrogated their fiduciary duty by denying the project a federal stream crossing permit (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). Williams sued the state in federal court–and lost (see Court Rejects Constitution Pipe’s Case Against NY DEC; Now What?). Williams then asked the Federal Energy Regulatory Commission (FERC) to overrule DEC’s rejection. Sadly, last month FERC denied that request (see Death of the Constitution Pipeline? FERC Refuses to Overrule NY DEC). Williams has since launched a multi-pronged legal attack with three potential paths to victory. First, Williams appealed the case directly to the U.S. Supreme Court (see Constitution Pipeline Appeals NY Fight Directly to U.S. Supreme Court). The case to the Supremes takes up the issue of whether or not one state, like New York, can deny a federal project that benefits other states, like the New England states. We await word from the Supremes on whether or not they will hear the case. Yesterday Williams launched another legal attack by asking FERC to reconsider their denial from last month. If FERC says yes and overrules the DEC, we have victory. If FERC says no, Williams will then (we are assuming) use the denial as the basis to take the case back to federal court–this time to the D.C. Court of Appeals. The first federal court to consider the matter (ruling against Williams) was the Second Court of Appeals (in NY). Moving the case to the D.C. court stands a better chance. So, three potential paths to victory: U.S. Supreme Court, FERC changes its mind, or the D.C. Court of Appeals. This fight is far from over…
Read More “Constitution Pipe Files for FERC Rehearing, Then Back to Court”
Last week National Fuel Gas Company (NFG), headquartered in Western New York State which operates drilling subsidiary Seneca Resources and pipeline subsidiary Empire Pipeline, issued its first quarter 2018 (everyone else’s fourth quarter 2017) update. Via Seneca Resources, NFG drills wells in northcentral and northwestern PA. Via Empire Pipeline, they build and maintain hundreds of miles of pipelines. NFG wants to add to their pipeline portfolio by building the Northern Access Pipeline–a $455 million project with 97 miles of new pipeline along a power line corridor from northwestern PA up to Erie County, NY. Northern Access would allow Seneca to drill new wells in an area currently pipeline “constrained.” However, Northern Access construction has been blocked by the corrupt NY Dept. of Environmental Conservation (see Cuomo’s Corrupt NY DEC Blocks NFG Northern Access Pipeline Permit). NFG CEO Ronald Tanski gave an update for the Northern Access project on an analyst call. Tanski indicated the company engaged in a two-pronged strategy: one is a pending court case, NFG sued the DEC; the other strategy involves a request with FERC to overturn the DEC’s decision. No definitive word on when either/both will happen. In the meantime, Seneca Resources must “focus on drilling and completing wells where we have adequate take away capacity or the ability to lock in firm sales.” Which means Seneca could be drilling a lot more were it not for Cuomo blocking the Northern Access pipeline. Seneca continues to operate 2 drilling rigs. Below are portions of the analyst phone call and the complete quarterly update for NFG…
Read More “NFG Quarterly Update: Seneca Could Drill More, if Pipeline Gets Built”
Ever hear of “title washing?” MDN alerted readers about this funny sounding practice that has to do with mineral rights in Pennsylvania, with possible implications for landowners and drillers, back in 2016 (see PA Supreme Court Decides “Title Washing” OK in Mineral Rights Case). In 2016, the Pennsylvania Supreme Court issued a 5-0 ruling that upholds the practice of title washing in the Keystone State. What is it, and how does it affect landowners and drillers? In the case of Herder Spring Hunting Club v. Keller there had been a tax sale in 1935 for a property in Centre County, PA where the mineral rights had previously been separated. Prior to 1948 if mineral rights that had been separated were not properly recorded (it was incumbent on the owner of the subsurface rights to ensure the sale was recorded at the assessor’s office), and the surface land was later sold, both the mineral rights (subsurface) and the surface land became part of the sale. If the rights owner didn’t record the sale, they lost their ownership rights. That, in essence, is title washing. After 1948 a law prevented this from happening, so such cases only apply to land sold before 1948. The PA Supremes upheld title washing in the 2016 case. Another case, Woodhouse Hunting Club, Inc. v. Hoyt, made a run at challenging title washing–this time in Pennsylvania Superior Court. However, the Superiors have sided with the Supremes in shooting down the challenge…
Read More “PA Superior Court Upholds Challenge to “Title Washing””
In November 2015 MDN reported on a seemingly obscure zoning court case in Westmoreland County, PA (see 3 Western PA Antis Weigh Appeal of Court Ruling in Zoning Case). Three ladies brought a lawsuit against Allegheny Township because the town approved a permit for CNX Gas–to drill a well on a farm owned by John and Anne Slike. Since the farm is about 1,200 feet from where the ladies live, they objected. We thought the case was long over with. But it’s not. As we recently pointed out, the ladies and their radical fractivist lawyer appealed using a novel legal argument (see SWPA Antis Breathe New Life into Old Zoning Lawsuit). Based on recent PA Supreme Court cases that uphold so-called environmental rights for all PA citizens, the ladies and their lawyer claim that allowing Marcellus drilling violates their environmental rights and they will experience mythical harms. The problem with the case is that if they win, it’s not much of a stretch for antis everywhere to claim the same thing–promptly ending the miracle of Marcellus drilling in the Keystone State…
Read More “SWPA Antis Twist State Laws in Bid to Declare Shale Drilling Illegal”
As we told you last week, Monday (Feb. 5) was the final day for landowners who live along the path of the PennEast Pipeline to accept an offer from PennEast to lease their land for the pipeline (see PennEast Pipe Gives Holdout Landowners Feb 5 Deadline to Sign). The landowners have had nearly three years to deal in good faith negotiations with PennEast, and their time has now run out. On Tuesday PennEast regrettably was forced to file eminent domain lawsuits against 44 holdout landowners. PennEast also asked the court to approve the use of federal marshals to protect workers due to threats the company has received from landowners and radical antis who say they will hassle workers and block construction. A prudent request given the sometimes violent nature of the Big Green movement (e.g. Dakota Access Pipeline violence). Here’s the latest on PennEast, as they get ready to begin construction…
Read More “PennEast Files Eminent Domain Against 44 Landowners, Wants Marshals”
A construction company based in North Dakota, Bilfinger Westcon, has filed several lawsuits against MarkWest Energy (now owned by Marathon Petroleum) claiming MarkWest has failed to pay more than $40 million for work done on a number of projects. Bilfinger Westcon says MarkWest used a “time & materials cap” scheme to cap the amount of money they paid for various projects, but then slipped in last-minute change orders. Essentially, it was a way of getting more work for free–that’s the charge being made. Bilfinger says MarkWest was getting ready to sell itself to Marathon and wanted to rush to complete several projects and using time & materials cap was how they did it without breaking the bank. We have to say this is the first time we’ve heard or read anything negative about MarkWest’s business practices. We suspect there’s another side to this story, but MarkWest says they won’t comment on pending litigation. Here’s the Bilfinger Westcon side of the story…
Read More “Construction Co. Files Lawsuit Against MarkWest, Claims $40M Owed”
In the end, it came to down to cold, hard cash. Last May, MDN told you about antis running the City of Green, Ohio who were/are hellbent on stopping the NEXUS Pipeline (see Green, OH Paying Lawyers $100K to Fund Stop NEXUS Crusade). Green City Council voted to use $100,000 of taxpayer money to hire a Cleveland law firm to file a lawsuit “aimed at stopping the pipeline from being built or stopping the project altogether.” NEXUS, a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada, was the first major pipeline project to get approved after the Federal Energy Regulatory Commission (FERC) once again had a quorum of three members (see New FERC Quorum Votes Final Approval for NEXUS Pipeline). Green’s high-priced lawyers filed their lawsuit in the 6th U.S. Circuit Court of Appeals, requesting an emergency stay blocking construction, which they got in November (see Fed Court Grants Green, OH Request to Stop NEXUS Pipe Construction). Everyone has their price. For the antis in Green, the price is $7.5 million and 20 acres of land that sit next to an existing city park. While the Green antis hate the idea of the pipeline getting built at all (especially Green’s anti-pipeline mayor), the writing is on the wall. They will lose and they know it–so to save face, the mayor negotiated a deal with NEXUS that City Council will vote on tonight to accept…
2/8/18 Update: Green Council voted 4-3 to accept the NEXUS deal. More below.
Read More “Antis of Green, OH Finally Face Reality – Will Allow NEXUS Pipe”