Litigation

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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…
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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…
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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…
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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…
    Read More “Constitution Pipeline Appeals NY Fight Directly to U.S. Supreme Court”

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    Mountain Valley Pipe Tweaks Route, Asks VA Judge for Eminent Domain

    Credit: Roanoke Times – click for larger version

    Attorneys for holdout landowners along the path of Mountain Valley Pipeline (MVP) are using MVP’s willingness to tweak the route of the pipeline to avoid certain areas, against it. Yes, try to work WITH folks–and they turn around and use it against you. MVP is a $3.5 billion, 303-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA. In October, the Federal Energy Regulatory Commission (FERC) gave final approval for the project (see FERC Approves Atlantic Coast, Mountain Valley Pipeline Projects). In early November, the West Virginia Dept. of Environmental Protection gave the project its approval (see WVDEP Reverses, Waives Water Permit for Mountain Valley Pipeline). And in December, the Virginia Water Control Board voted to approve the project (see Virginia Water Board Approves Mountain Valley Pipe – Antis Erupt). So it should be clear sailing for MVP–except for some 15% of holdout landowners along the pipeline’s route who refuse to sign easements. MVP has taken them to court, asking a federal judge for permission to use eminent domain to gain access to those properties. But the holdouts’ lawyers are saying continued tweaks to the pipeline route are evidence MVP doesn’t know what the heck it wants and who to “condemn” with eminent domain–and that’s enough reason for the judge to refuse granting blanket condemnation for eminent domain…
    Read More “Mountain Valley Pipe Tweaks Route, Asks VA Judge for Eminent Domain”

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    Lancaster Nuns Demand “Religious Freedom” Trial re Pipeline

    A group of radicalized Catholic nuns whom we refer to as Sisters of the Corn are demanding a trial on the grounds of “religious freedom” in an effort to block Williams’ Atlantic Sunrise Pipeline from crossing their land in Lancaster County, PA. The order of nuns, called Adorers of the Blood of Christ, have tried several strategies to derail Atlantic Sunrise. One of stunts they pulled, in league with a radical Big Green group, is to stick a few wooden park benches in the middle of a corn field that they own (leased to a local farmer), calling it a “chapel” (see Catholic Nuns Use Radicals to Build Chapel in Path of PA Pipeline). Which is why MDN dubbed them “Sisters of the Corn.” The heck of it is that the Sisters use natural gas to heat an old folks home they operate at the same address! Talk about religious hypocrisy. The Sisters used the chapel-in-the-corn as an excuse to sue the Federal Energy Regulatory Commission (FERC) over their approval of Atlantic Sunrise on the grounds that running the pipeline through their corn field violates their religious freedom (see Lancaster Nuns Sue FERC to Stop Atlantic Sunrise Pipeline). A federal judge in Reading, PA dismissed the frivolous lawsuit in September (see Fed Judge Tosses Lancaster Nuns’ Freedom of Religion Lawsuit re ASP). The Sisters, using Big Green lawyers, have just appealed the dismissal, hoping they can find a liberal judge somewhere, anywhere, to hear the case…
    Read More “Lancaster Nuns Demand “Religious Freedom” Trial re Pipeline”

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    Enviro. Defense Foundation Continues Quest to Gut PA DCNR Funding

    Big Green insanity continues at the so-called Pennsylvania Environmental Defense Foundation (PEDF). The only thing they “defend” is their own twisted philosophy of trying to gouge out the eyes of the oil and gas industry in PA–even at the expense of de-funding their own beloved PA Dept. of Conservation and Natural Resources. Last June, the PEDF won a case at the PA Supreme Court by the skin of their teeth (see PA Supreme Court Hands Antis Partial Victory re State Land Drilling). The case dealt with the narrow issue of how PA can spend revenue raised from drilling for oil and gas under state-owned land. A divided court ruled that money from royalties (not lease signing bonuses) must be used only for “environmental” purposes. The Supremes sent the case back down to the lower Commonwealth Court to settle some of the still-unsettled issues. PEDF tried to fleece Commonwealth Court into disallowing lease bonus payments and royalties from being used to pay the operating expenses of the PA Dept. of Conservation and Natural Resources (DCNR). That is, antis want to gut the funding that pays the people in the department to do their jobs! PEDF wants lease and royalty money to be used exclusively for Big Green causes. Last week Commonwealth Court told PEDF: “No” (see PA Court Rejects Request to Block Royalties Funding DCNR Operations). The lower court will NOT address the issue of funding salaries and operating expenses of DCNR. The only decision the lower court will make, per their instructions from the lofty Supremes, is whether or not lease bonus payments must also be used for the same things royalty payments are used for–whatever those “same things” happen to be (operating expenses or not). Last week we said, “If PEDF wants to gut DCNR, they will have to go back to the Supremes to do it.” That’s just what they’ve done. The PEDF radicals have filed with the Supremes yet again, asking the Supremes to either take up the issue again, or force Commonwealth Court to rule the way PEDF wants–to gut the funding of DCNR…
    Read More “Enviro. Defense Foundation Continues Quest to Gut PA DCNR Funding”

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    PA Court Rejects Request to Block Royalties Funding DCNR Operations

    Last June, radical anti-drillers from the Pennsylvania Environmental Defense Foundation (PEDF) won a case at the PA Supreme Court by the skin of their teeth (see PA Supreme Court Hands Antis Partial Victory re State Land Drilling). The case dealt with the narrow issue of how PA can spend revenue raised from allowing drilling for oil and gas under state-owned land. A divided court ruled that money from royalties (not lease signing bonuses) must be used only for “environmental” purposes. The Supremes sent the case back down to the lower Commonwealth Court to settle some of the still-unsettled issues. PEDF tried to fleece Commonwealth Court into disallowing lease bonus payments and royalties from being used to pay the operating expenses of the PA Dept. of Conservation and Natural Resources (DCNR). You read that right. The antis wanted to gut the funding that pays the people in the department to do their jobs! PEDF wanted lease and royalty money to be used exclusively for Big Green causes. Earlier this week Commonwealth Court told PEDF no, they will not address the issue of funding the salaries and operating expenses of DCNR. The only decision they will make, per their instructions from the lofty Supremes, is whether or not lease bonus payments must also be used for the same things royalty payments are used for–whatever those “same things” happen to be (operating expenses or not). In other words, if PEDF wants to gut DCNR, they will have to go back to the Supremes to do it…
    Read More “PA Court Rejects Request to Block Royalties Funding DCNR Operations”

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    OH Towns Duped by CELDF Nervous Following PA Court Ruling

    Svengali

    Earlier this week MDN told you that Tom Linzey, the anarchist attorney who founded and runs the radical Community Environmental Legal Defense Fund (CELDF), has been sanctioned by Federal Judge Susan Paradise Baxter and ordered to pay $52,000 to Pennsylvania General Energy (PGE) for his “bad faith” in continuing to press legal arguments on behalf of Grant Township, in Indiana County, PA (see Attorney for Anti Group CELDF Fined $52K for “Bad Faith”). Not only that, Judge Baxter also referred the matter to the Disciplinary Board of the Pennsylvania Supreme Court with a request they review Linzey’s actions with an eye to imposing more punishments against him. Linzey is red hot with rage following the sanctions imposed on him–claiming he’ll sue everyone and everything to clear his good name. Thing is, Grant Township isn’t the only town Linzey has duped using his Svengali routine. There are others, in both PA and OH. Athens, OH is one of them. The so-called “Community Bill of Rights” adopted by Athens in 2014 is almost word for word the same exact language thrown out by Judge Baxter in PA. Which is giving folks around Athens pause. It’s making them nervous about what will happen if they get sued, as you can detect in the following story…
    Read More “OH Towns Duped by CELDF Nervous Following PA Court Ruling”

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    5 Radical Green Groups Sue to Stop Mountain Valley Pipeline

    Here we go again. A group of five, radicalized Big Green groups, led (by the nose) by the odious Sierra Club, filed a motion and a new lawsuit in federal court on Monday attempting to prevent construction of the 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. The pipeline is being built by EQT, NextEra Energy and several other partners. The Sierra Club along with Appalachian Voices, the Chesapeake Climate Action Network, West Virginia Rivers Coalition, and Wild Virginia, want a halt to MVP construction work until their lawsuit to reverse the Federal Energy Regulatory Commission’s decision to approve the project is heard by the same court. We doubt the court will grant their request–but one never knows. The case (and motion) were filed with the U.S. Court of Appeals for the District of Columbia. Below is the Sierra Club’s smug, self-serving announcement about the lawsuit and motion, followed by copies of the lawsuit and motion…
    Read More “5 Radical Green Groups Sue to Stop Mountain Valley Pipeline”