Litigation

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    Sunoco Appeals DEP’s ME2 Pipe Suspension to Enviro Hearing Board

    PA State Sen. Andy Dinniman

    In early January, the Pennsylvania Dept. of Environmental Protection (DEP) issued an order shutting down all construction for the Sunoco Logistics Partners Mariner East 2 (ME2) pipeline project (see PA DEP Caves to Big Green Pressure, Stops All Work on ME2 Pipeline). The DEP claims Sunoco had violated the conditions of the permits that allow it to drill and trench for the project. In particular, the DEP is hot and bothered about drilling mud spills associated with underground horizontal directional drilling (HDD). The DEP said Suonco can restart work when/if certain conditions are met. So far the DEP has not allowed Sunoco to restart work. In the meantime, thousands of workers are in the unemployment line, and have been since Jan. 3rd. Sunoco has just appealed the DEP’s cease and desist order to the PA Environmental Hearing Board–a special court set up to hear appeals of DEP decisions. Sunoco lays out their case in a filing (below) for why the DEP is incorrect in issuing their stop work order…
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    PennEast Pipe Forced to Do It Hard Way – Using Eminent Domain

    As we told you last week, today (Monday, Feb. 5) is 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 near three years to deal in good faith negotiations with PennEast, and now time has run out. On Friday, a group of holdout landowners symbolically tore up their PennEast lease offers in a vain media stunt. Starting later this week they will receive something via certified mail they better not tear up–a court summons for an eminent domain proceeding. It’s a shame when it has to come to that, but denial is a strong emotion. Now it’s off to court they go where they’ll get a splash of reality…
    Read More “PennEast Pipe Forced to Do It Hard Way – Using Eminent Domain”

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    Federal Judge Pushes Pause Button on Mountain Valley Pipe in VA

    In mid-January MDN brought you the news that (sadly) Mountain Valley Pipeline (MVP) had to file in federal court to “condemn” some holdout landowner properties along the pipeline’s route (see Mountain Valley Pipe Tweaks Route, Asks VA Judge for Eminent Domain). MVP is a $3.5 billion, 303-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA. Holdout landowners in Virginia hired attorneys who argued that because MVP continued to tweak the route of the pipeline (in an attempt to work WITH said landowners!), that serves as evidence MVP doesn’t know what it really wants and whom to condemn with eminent domain–therefore the whole thing should be put on hold. MVP wants condemnation using eminent domain for Virginia landowners to happen now, because they are playing Beat the Clock with tree clearing along the path of the pipeline, work that must be done by March 31st because federal law prohibits it after March 31st for fear of killing a few roosting bats (we kid you not). In a decision handed down last week, a federal judge gave both sides reason for hope. The judge ruled that MVP can proceed with eminent domain cases against some 300 landowners–a huge legal victory for MVP. However, MVP can’t (yet) enter those properties for tree clearing and survey work. Why? Because MVP hasn’t provided the judge with enough proof that they will be able to pay landowners a fair price for their property when the time comes to settle up. She’s not saying MVP can’t or won’t pay up, she’s saying she wants to see more evidence first (surety bonds), before she will let MVP begin work. Those opposed to the pipeline heralded the judge’s decision to temporarily prevent work as some sort of victory–which it is not. They lost the case! The properties are now condemned using eminent domain (or soon will be, once the court paperwork proceeds). The judge’s order temporarily prevents work, but we expect MVP will remedy that post haste so they can then start up the chainsaws and get to work…
    Read More “Federal Judge Pushes Pause Button on Mountain Valley Pipe in VA”

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    PennEast Pipe Gives Holdout Landowners Feb 5 Deadline to Sign

    It took over three years, but finally PennEast Pipeline received a full, final approval from the Federal Energy Regulatory Commission (FERC) two weeks ago (see FERC Grants Final Approval for PennEast Pipe – Real Battle Begins). PennEast is a $1 billion, 120-mile primarily 36-inch natural gas pipeline that will stretch from Dallas (Luzerne County), PA to Transco’s pipeline interconnection near Pennington (Mercer County), NJ. The pipeline is an important conduit to move gas from the prolific gas fields of northeastern PA to markets in southeast PA and New Jersey. There has been plenty of opposition, mostly whipped up by Big Green groups like THE Delaware Riverkeeper and the nutty Sierra Clubbers of NJ. PennEast has been (for years) negotiating with landowners along the pipeline’s proposed route, to purchase easements. Some 75% of landowners have either signed leases and/or allowed survey access of their property. Some landowners apparently bought in to the Big Green lie that this project won’t happen, so they have refused to negotiate or allow survey access. Time has now run out. With the FERC certificate in hand, PennEast can now go to court and request eminent domain proceedings against the holdouts. PennEast has sent letters to the holdouts telling them they have until Feb. 5 to accept the generous offer PennEast has made. After that, the landowners can expect to receive court paperwork telling them to allow access. What generally happens is that (a) a court order appears granting PennEast access to the property now, and (b) months or even over a year later, a judge will decide what a fair value is (typically less than being offered by PennEast) for the lease. The holdouts should have known this day was coming, but denial is a powerful emotion…
    Read More “PennEast Pipe Gives Holdout Landowners Feb 5 Deadline to Sign”

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    OH Supreme Court Rejects Challenge to Forced Pooling Law

    On Tuesday, the Ohio State Supreme Court rejected a case in which landowners who were made part of a “unitization order” (i.e. forced pooling) had objected claiming their property rights were stripped away without due process. In legal terms, the landowners claimed it was a “taking” of their property without just compensation. The Supreme Court rejected the case because, they said, there were other legal means the landowners could have tried first (a lower court) before appealing the case direct to the Supremes using something called a mandamus action. In essence, the Supremes said, “Nice try, but you need to jump through the proper hoops first.” Ultimately the Supremes did not rule on the Constitutionality of the claim itself because the case had gotten to them via the wrong path. We’re guessing the landowners will now go back to square one and use the path laid out by the Supremes. Here’s the low down on the rejection by the Supremes, from the legal beagles at the Vorys law firm…
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    Swamp Fights Back: NRDC Gears Up to File Multiple Lawsuits vs EPA

    Big Green leftists HATED President Richard Nixon (frankly, they hate any/every Republican before and since). They hated Nixon even though he created the Environmental Protection Agency (EPA). Did you know that Nixon created the EPA? And now the EPA’s first-ever Secretary, William Ruckelshaus (a card-carrying member of the swamp dweller’s club) is criticizing current EPA Sec. Scott Pruitt for returning the EPA to its roots–to clean up superfund sites and target polluters. Pruitt has pledged to roll back EPA’s cancerous expansion under Obama, with its wild attempt to regulate anything and everything under the excuse of trying to prevent man-made global warming. Why are we not surprised that a has-been like Ruckelshaus is criticizing Pruitt? Ruckelshaus isn’t the only swamp dweller who hates Pruitt (and yes, hate is the accurate word to use). The National Resources Defense Council (NRDC), one of the worst of the worst so-called environmental groups, recently said it is gearing up to launch dozens (!) of lawsuits against the EPA and Pruitt. NRDC is part of the Washington, D.C. swamp. It seems the swamp doesn’t like getting drained and is fighting back. That’s OK. President Trump loves a good fight. It’s about time somebody took the fight to unelected, Big Government-loving nongovernmental organizations like NRDC. Rather than taking something away, Trump and Pruitt are trying to return the EPA to its original mandate. Make no mistake. At it’s core this is a fight about fossil fuels. Big Green disastrously wants to kill the use of fossil fuels–NOW. Here’ a look at how the swamp is fighting back against Trump’s efforts to drain it…
    Read More “Swamp Fights Back: NRDC Gears Up to File Multiple Lawsuits vs EPA”

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    SWPA Antis Breathe New Life into Old Zoning Lawsuit

    In November 2015 MDN reported on a 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. The legal argument is interesting. They use the Robinson case decision (Act 13) which ruled that towns have the right to limit/restrict drilling based on zoning ordinances–as long as there’s at least one zone where drilling can take place. The problem (for antis) is that sometimes towns decide the other way–to allow drilling in any zone with a special use permit. The door swings just one way for antis–no drilling. At any rate, we thought the case was long over with. But it’s not. The ladies and their fractivist lawyer appealed. The case is now in Commonwealth Court and, according to an article, because of a recent PA Supreme Court decision, new life has been breathed into the case. The antis are celebrating…
    Read More “SWPA Antis Breathe New Life into Old Zoning Lawsuit”

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    PA AG Not Backing Down re Chesapeake Energy Royalty Lawsuit

    At the end of last year Chesapeake Energy offered a $30 million olive branch to Pennsylvania landowners to settle claims the company had screwed them out of royalty money by artificially inflating post-production costs in an elaborate scheme to pocket more money at landowners’ expense (see Chesapeake Agrees to $30M Royalty Settlement for PA Landowners). Chesapeake’s proffered deal would give the average PA leaseholder (some 14,000 of them) a one-time $2,140 payment–adjusted up or down for the size of their acreage. Frankly, it’s chump change. The big concession by Chesapeake in the proposed deal is that it gives landowners the right to reset the terms of their leases going forward. The catch is that Chesapeake won’t pull the trigger on the deal unless/until PA’s Attorney General, who has an ongoing, separate lawsuit filed against Chesapeake over the same issue, settles as well. PA AG Josh Shapiro has fired back saying he will not cave to Chesapeake’s “pressure tactic” and settle. PA landowners are caught in the middle. Some of them want the Chesapeake $30M chump change deal saying a bird in the hand is better than two in the bush. That is, the AG may eventually lose his case–and it will take years to play out. Why not take the money and run now, especially if we can reset the lease terms to prevent any more gouging by Chesapeake? But other landowners, including National Association of Royalty Owners (PA Chapter) President Jackie Root say PA landowners “deserve better” than the deal offered by Chesapeake. Here’s the latest in the royalty wars…
    Read More “PA AG Not Backing Down re Chesapeake Energy Royalty Lawsuit”

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    PA Supreme Court Rejects Landowner Lawsuit Against ME2 Pipeline

    You may recall our story about the daughter of a Huntingdon County, PA landowner who took to a tree on her mom’s property in March 2016 in order to illegally stop crews working on tree clearing for the Mariner East 2 pipeline (see PA Anti Literally Goes Up a Tree to Stop Mariner East 2 Pipeline). It ultimately didn’t matter, because Sunoco came back and cut down the few trees they needed to cut anyway (see Sunoco Tricks Radicalized Protester – Returns and Cuts More Trees). Eventually law enforcement got around to arresting the daughter, and the mom (who also trespassed during tree clearing). Law enforcement also arrested two serial criminal trespassers/antis who participated. The charges against all them were later dropped (see Charges Dismissed Against Tree Sitting Anti in Huntingdon County). The landowner family, using Big Green lawyers, sued Sunoco–twice. One of the lawsuits challenged Sunoco’s right to use eminent domain in order to run the pipeline across the landowner’s land. That lawsuit was appealed all the way to the PA Supreme Court and on Tuesday, the court refused to hear it, meaning the decision of the lower Commonwealth Court upholding Sunoco’s right to use eminent domain stands. That is, the anti landowners lost. At least that first lawsuit. The second lawsuit was filed by the mom, her daughter and the two serial criminal trespassing antis (see Anti-Pipeline Quartet Sues Sunoco, ET, Police, Others re ME2 Arrests). That second lawsuit sues everyone and everything connected to their arrest (Sunoco, a private security firm, a publicist, and 27 state and local police officers) for violating their Constitutional rights. The second lawsuit is still alive and kicking. Meanwhile, here’s the good news that yet another attempt to block Mariner East 2 construction has been defeated…
    Read More “PA Supreme Court Rejects Landowner Lawsuit Against ME2 Pipeline”

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    Riverkeeper Gears Up to Fight PennEast in Court via FERC Requests

    That didn’t take long. We knew it wouldn’t. Last Friday the Federal Energy Regulatory Commission (FERC) gave its full, final approval for the PennEast Pipeline project, a $1 billion, 120-mile primarily 36-inch natural gas pipeline that will stretch from Dallas (Luzerne County), PA to Transco’s pipeline interconnection near Pennington (Mercer County), NJ. (see FERC Grants Final Approval for PennEast Pipe – Real Battle Begins). Yesterday THE Delaware Riverkeeper, a radicalized Big Green group, filed two requests with FERC: (1) a motion to “rehear” (i.e. reconsider) their decision to approve PennEast, and (2) a motion to block any construction on PennEast until the motion to rehear has been decided. As Riverkeeper plainly states on their website, “A Rehearing Request must be submitted and denied before a legal challenge in court can be pursued.” A court challenge is, of course, the strategy. Asking FERC to rehear the decision is nothing more than going through the motions, jumping through the necessary hoops. A huge side benefit for Riverkeeper with FERC’s decision to approve PennEast is that the opposition to the project can be leveraged as a big fundraiser for Riverkeeper: “Help us stop the big, bad pipeline. Donate here!” Below is Riverkeeper’s press release (i.e. fundraiser) about their plan to challenge FERC approval, along with their FERC filings from yesterday…
    Read More “Riverkeeper Gears Up to Fight PennEast in Court via FERC Requests”

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    Big Green Files Lawsuit Against VA Regulators for Approving Pipe

    In December members of Virginia’s Water Control Board voted 4-3 to approve issuing a water permit/certification for the Atlantic Coast Pipeline (ACP) project (see Atlantic Coast Pipeline Delayed in Virginia by Water Board Vote). ACP is a $5 billion natural gas pipeline project from West Virginia through Virginia and into North Carolina being built by Dominion Energy and Duke Energy. The Water Board’s approval was conditional, the condition being that approval “is dependent on a final review of several environmental studies.” Those studies won’t be done until March or April of this year, meaning in all likelihood the project will be delayed. You would think Big Green groups would have rejoiced at the Water Control Board’s decision, effectively delaying the project. But they didn’t. Instead, a coalition of groups filed a lawsuit late last week against the Water Control Board–for doing their jobs. The groups claim the Water Control Board and the Virginia Dept. of Environmental Quality (DEQ) have not done a good enough job of protecting Virginia’s water resources with respect to the ACP project…
    Read More “Big Green Files Lawsuit Against VA Regulators for Approving Pipe”

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    PA Supremes to Consider EQT Request to Drill Well in Jefferson Hills

    In December 2015 MDN told you about EQT’s application to drill a single shale well in Jefferson Hills (Allegheny County), PA (see Jefferson Hills, PA Antis Oppose EQT Well Near Future School Site). The well would be drilled “near” where a new school is due to be built, which generated vigorous local opposition. As part of the a conditional use permit, EQT agreed to (a) not use Borough roads during construction, (b) use a pipeline from a local water company instead of trucks for the water needed to drill and frack, greatly reducing the amount of truck traffic, (c) pledged the project would not impact local streams and wetlands, (d) comply with local lighting regulations, and (e) install sound walls if needed. In other words, EQT bent backwards, forwards, sideways, jumped through numerous hoops and turned itself inside out to comply with requests from the town. The Borough Planning Commission unanimously approved the conditional use permit request. But then the town, bowing to pressure from residents, rejected the request in December 2015, saying the proposed project would endanger local health and the environment. EQT sued and won in the Court of Common Pleas of Allegheny County in June 2016. Jefferson Hills appealed and in May 2017, the Commonwealth Court of Pennsylvania upheld the EQT verdict saying the town arbitrarily rejected the permit and EQT should be allowed to drill (see PA Appeals Court Clears Way for EQT to Drill Jefferson Hills Well). Jefferson Hills appealed it all the way the PA Supreme Court and on Monday the court agreed to hear the case…
    Read More “PA Supremes to Consider EQT Request to Drill Well in Jefferson Hills”

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    U.S. Supreme Court Changes Jurisdiction for WOTUS Challenges

    WOTUS is, unfortunately, far from dead. In May 2015 the Obama rogue Environmental Protection Agency (EPA) along with the Obama U.S. Army Corps of Engineers (USACE) released a finalized rule clarifying what “Waters of the United States” (WOTUS) means vis a vis what can be regulated under the federal Clean Water Act (see EPA Power Grab: Redefines Waters of the U.S. to Include Everything). Essentially the rule change redefined everything down to mud puddles (no, we’re not exaggerating) as being subject to the federal Clean Water Act. It was yet another attempt to bring oil and gas regulation under the purview of the federal government, a violation of the U.S. Constitution. In October 2015, a federal judge stopped WOTUS from going into effect while it’s litigated (see Sixth Circuit Court Stops EPA from Implementing WOTUS Anywhere). Eventually 31 states along with other entities filed briefs with the 6th U.S. Circuit Court of Appeals opposing the rule (see 31 States Ask Court to Dump Obama WOTUS Rule as Unconstitutional). A number of Senators and Congressmen joined the lawsuit. When President Trump took office and nominated Scott Pruitt (who had fought against WOTUS as Oklahoma Attorney General) to head the EPA, we thought that was the end of WOTUS. Pruitt pledged to roll back the onerous, hideous overreach of the Obama EPA (see Free at Last! EPA, US Army Corps Rescind Obama WOTUS Rule). Except that has not (so far) happened. Because of legal wrangling, Pruitt must take two years to develop a replacement for the destructive version of WOTUS–and in the meantime, the Obama version of WOTUS (sadly) remains in effect. Lawsuits against it continue to be litigated. It was into that fray the U.S. Supreme Court entered and recently ruled, unanimously, that the proper courts to review WOTUS are the District Courts and not the Courts of Appeal. Which is an important change. Here’s why…
    Read More “U.S. Supreme Court Changes Jurisdiction for WOTUS Challenges”

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    NY DEC Asks Court to Toss FERC Order re Millennium Pipe Project

    Millennium Pipeline is building a tiny, 7.8 mile pipeline in Orange County, NY that will connect the main Millennium pipeline to the CPV Valley Energy Center gas-fired electric plant. Both projects are currently under construction. Millennium’s project, called the Valley Lateral Project, was opposed by the corrupt Andrew Cuomo Dept. of Environmental Conservation (DEC). The DEC refused to grant necessary permits for the federal project, so the Federal Energy Regulatory Commission (FERC) voted to overrule DEC and allow it to be built anyway (see History Made! FERC Overrules NY DEC on Millennium Pipe Permit). The DEC took FERC to court, but in December, the federal Second Circuit Court of Appeals ruled against the DEC’s request to block the beginning of construction (see Fed Court Denies NY DEC Bid to Block Power Plant Pipe Construction). Construction subsequently began immediately. The DEC, no doubt goosed on by the corrupt Cuomo, has just come back to the Second Circuit with a different request. This time the DEC wants the court toss out FERC’s approval of the project, saying if the FERC approval stands, any company could file a half-baked (i.e. “incomplete” according to DEC standards) application for a water crossing permit and that doesn’t give DEC enough time to chase in a completed application. In other words, companies would “run out the clock” by saying DEC took more than a year to approve an application. DEC calls it “sandbagging” by delaying important information. Somehow DEC’s protestations ring particularly hollow, since they themselves are famous for sandbagging…
    Read More “NY DEC Asks Court to Toss FERC Order re Millennium Pipe Project”

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    Renewables a “Roadmap to Nowhere” – Sued for Telling the Truth

    We spotted an article a month ago that is shocking and disturbing. This is the first time we’ve had a chance in our daily article roundup to bring it to you. A Stanford University professor pedals a “religion” that claims the world can be fueled by 100% renewable energy. That is, renewables can provide everything we need: electricity, heating, transportation, industry, shipping, the works. And renewables can do it so well that we won’t need power plants that run on actual fuel. It’s a bizarre viewpoint, but there you go. Some people believe in Santa Claus too. The Stanford prof published a paper espousing this theory. There were a lot of factual flaws in the paper, so another scientist (actually 22 prominent scientists) published a paper pointing out the problems with the Stanford prof’s paper. That’s how it’s done in academe. You put your research out there, and others can (often do) come along and question it with their own research and rebuttal. That’s how science gets better. So what did the Stanford prof do? He sued one of the 22 authors of the dissenting paper, along with the academic journal that published it! Sued them for libel. The person he chose to sue isn’t affiliated with an institution with a legal team to defend him–so this is selective persecution. An attempt at legal bullying. No longer is science something we debate with published findings. Now it’s a matter of faith–and God help you if you believe on the wrong side of an issue like global warming, or renewables. If you dare to believe the “wrong way”–or worse yet poke holes in a true believer’s theories–you may get hauled into court. An ebook titled “ROADMAP TO NOWHERE: The Myth of Powering the Nation With Renewable Energy” (full copy below) covers this controversy and shines a light on what you thought you knew about so-called renewables. The ebook compares renewables with nuclear energy (we wish it were natgas, but perhaps using nuclear is the better comparison in this case). Take a blood pressure pill before you read the following…
    Read More “Renewables a “Roadmap to Nowhere” – Sued for Telling the Truth”

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    Constitution Pipeline Appeals NY Fight Directly to U.S. Supreme Court

    U.S. Supreme Court

    “The reports of my death have been greatly exaggerated” – Mark Twain (and Constitution Pipeline). Last week it was our duty to report the sad news that the Federal Energy Regulatory Commission found they could not override the New York Dept. of Environmental Conservation’s (DEC) decision (under pressure from the corrupt Andrew Cuomo) to block the Constitution Pipeline (see Death of the Constitution Pipeline? FERC Refuses to Overrule NY DEC). FERC found, after an exhaustive investigation, that the DEC had suckered Constitution into refiling a second time, restarting the one-year clock under which NY could render a decision about the pipeline. With four days left on the reset clock, DEC issued a denial of Constitution’s request for a federal water crossing permit (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). Constitution went to the U.S. Court of Appeals for the Second Circuit to overturn DEC’s decision, but ultimately failed (see Court Rejects Constitution Pipe’s Case Against NY DEC; Now What?). With FERC refusing to act, we asked the question last week, Is this the death of the $683 million, 124-mile pipeline from Susquehanna County, PA to Schoharie County, NY to move Marcellus gas into NY and New England? We reached out to Williams and MDN was first to report that Williams said they would continue to fight. And so they have! In a statement issued Tuesday, Williams (i.e. Constitution Pipeline) said they have appealed the Second Circuit’s decision to the U.S. Supreme Court (full copy of the appeal below). Williams maintains if the Second Circuit’s decision upholding the corrupt DEC is allowed to stand, it sets a dangerous precedent for rogue states like NY who refuse to obey the strict interpretation of the law. That is, it allows states like NY to simply reinterpret the law any old which way they want. And that can’t stand…
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