Litigation

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    Green Antis Try to Reverse City’s $7.5M Deal to Allow NEXUS Pipe

    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”

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    Kentucky Antis File Lawsuit to Stop TGP NGL Pipe Reversal

    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”

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    Exxon Fights Back, Countersues AGs & Big Green Attorneys

    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”

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    Constitution Pipe Files for FERC Rehearing, Then Back to Court

    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”

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    NFG Quarterly Update: Seneca Could Drill More, if Pipeline Gets Built

    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”

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    PA Superior Court Upholds Challenge to “Title Washing”

    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””

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    SWPA Antis Twist State Laws in Bid to Declare Shale Drilling Illegal

    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”

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    PennEast Files Eminent Domain Against 44 Landowners, Wants Marshals

    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”

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    Construction Co. Files Lawsuit Against MarkWest, Claims $40M Owed

    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”

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    Antis of Green, OH Finally Face Reality – Will Allow NEXUS Pipe

    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”

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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…
    Read More “Sunoco Appeals DEP’s ME2 Pipe Suspension to Enviro Hearing Board”

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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…
    Read More “OH Supreme Court Rejects Challenge to Forced Pooling Law”

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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”