Litigation

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    New England Lawsuit Claims Utilities “Constrained” NatGas Pipeline

    A class action lawsuit was filed last week by 12 New England power customers who claim that two New England utility companies–Eversource and Avangrid–intentionally manipulated the flow of gas along the Algonquin natural gas pipeline by placing and later withdrawing orders, in order to spike the cost of gas which then spiked the cost of electricity generated by the resulting higher cost gas. It is a convoluted, cockamamie charge first brought by the radical antis at the Environmental Defense Fund (see EDF Accuses New England Gas Utilities of $3.6B Market Manipulation). EDF published a “report” that makes the preposterous claim that New England customers have overpaid utility bills by $3.6 billion due to collusion between the natural gas and electricity industries. EDF spins the outlandish theory that Avangrid and Eversource brilliantly conspired to create Enron-style fake gas shortages involving a whopping 3.5% of the capacity of the Algonquin pipeline–all in order to drive up electric clearing prices for a wind farm Avangrid didn’t yet own, a rarely dispatched Avangrid oil peaker, and three crappy, rarely operated oil and coal plants in New Hampshire (plus nine little hydro dams that Eversource was trying to unload for years, sold recently). EDF’s tall tale is so bizarre (and hard to follow) it’s laughable. Yet now a class action lawsuit has launched based on EDF’s fictional report…
    Read More “New England Lawsuit Claims Utilities “Constrained” NatGas Pipeline”

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    NFG and NY DEC Go At It in Federal Court Over Pipeline Rejection

    Last week lawyers for National Fuel Gas Company and the New York Dept. of Environmental Conservation (DEC) were in federal court doing battle over the DEC’s arbitrary and capricious rejection of an important Marcellus pipeline project. Three years ago NFG proposed and filed to build the Northern Access Pipeline project–a $455 million project includes building 97 miles of new pipeline along a power line corridor from northwestern Pennsylvania up to Erie County, NY. The project also calls for 3 miles of new pipeline further up, in Niagara County, along with a new compressor station in the Town of Pendleton. The Federal Energy Regulatory Commission (FERC) granted final approval for the project in February of this year (see NFG’s Northern Access Pipe in NY/PA Gets FERC Approval). However, in April of this year, the DEC ruled against granting the project stream crossing permits, effectively killing it, at least for now (see Cuomo’s Corrupt NY DEC Blocks NFG Northern Access Pipeline Permit). In April, NFG sued the DEC in the Second Circuit of the U.S. Court of Appeals to overturn the denial (see NFG Sues NY DEC in Fed Court re Northern Access Pipe Rejection). That case was argued last week before a panel of three judges from the Second Circuit…
    Read More “NFG and NY DEC Go At It in Federal Court Over Pipeline Rejection”

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    Sunoco Continues to Rack Up ME2 Drilling Mud Spill Violations

    Sunoco Logistics Partners (part of and owned by Energy Transfer Partners) has had its fair share of “inadvertent returns” (i.e. leaks of drilling mud) while drilling underground for the Mariner East 2 pipeline project that stretches across the width of Pennsylvania. Some would say Sunoco has had more than its fair share of mud spills. Bear in mind that drilling mud is otherwise known as bentonite–the nontoxic clay mixture used to cool the drill bit as it chews away underground. Bentonite is the same chemical compound used to make kitty litter, toothpaste and all sorts of cosmetics. It’s totally safe for the environment–unless you spill a lot of it and smother little critters like salamanders and fishies. When installing a pipeline, you don’t just dig a trench across a roadway or dam up a creek or river. Instead, you use horizontal directional drilling (HDD) to dig under it. ME2 is some 350 miles long, so there are a number of places where HDD must be used. There are always small drilling mud spills, or inadvertent returns, associated with HDD work. However, Sunoco has had, at last count, 96 such instances (see the list below). Antis seek to make the most of each and everyone spill episode. The most recent such spill is associated with a sink hole believe caused by HDD drilling in Delaware County last week (see ME2 Drilling in Delaware Co. Creates Small Sinkhole, Antis Swarm). The PA Dept. of Environmental Protection (DEP) sent a notice of violation for last week’s mud spill (see it below). DEP officials admit they are somewhat overwhelmed with trying to keep an eye on the project and are considering “additional enforcement” actions against Sunoco LP for ME2…
    Read More “Sunoco Continues to Rack Up ME2 Drilling Mud Spill Violations”

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    Sierra Club Withdraws Federal Lawsuit to Stop NEXUS Pipeline

    The uber-litigious Sierra Club and it’s vaunted stable of attorneys have been caught with their pants down–legally speaking. One of the (many) pipelines the Clubbers oppose is NEXUS, a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada. NEXUS got final approval for the project from FERC in August (see New FERC Quorum Votes Final Approval for NEXUS Pipeline). The Ohio EPA granted a water permit for the project in September (see Ohio EPA Grants Water Permit to NEXUS Pipe, “Learned” from Rover). Seeing the NEXUS freight train moving on down the tracks, the Clubbers filed a request for “rehearing” with FERC in September (see CORNballs, Sierra Club Continue to Fight NEXUS Pipeline in Court). Before anyone can sue to stop a federal pipeline project, the first step is to request a rehearing. If FERC delays or rejects a rehearing request, the “aggrieved” party can then launch a lawsuit in federal Appeals Court. And that’s what the Sierra Club did last week. They filed a lawsuit against NEXUS in the Federal Court of Appeals for the District of Columbia, asking the court to force FERC to conduct a new review of the project, and in the meantime, shut it all down (see Sierra Club Files Federal Lawsuit to Stop NEXUS Pipeline). There’s just one teeny tiny problem: The landowner the Clubbers was using as their excuse to file the lawsuit recently sold his property to NEXUS. Oops. Now the Clubbers don’t have a reason to sue, so with tail between legs, they withdrew the lawsuit yesterday…
    Read More “Sierra Club Withdraws Federal Lawsuit to Stop NEXUS Pipeline”

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    PA Class Action Royalty Lawsuit Against XTO Settles for $11M

    A journey which began for Pennsylvania landowners in Butler County, PA in July 2015 is nearing an end. Two Butler County, PA landowners with a combined 245.7 acres of land leased to XTO Energy sued XTO in 2015 claiming that XTO is breaking the lease agreement by paying royalties below 1/8 of what XTO receives in revenue for the gas (see PA Landowners Sue XTO Energy for Shorting Them on Royalties). The case, known as Marburger et al V. XTO Energy Inc., asserted the lease signed with landowners did not include language that would allow XTO to deduct post-production charges (that they had been deducting). The two landowning families that launched the lawsuit, the Marburgers and the Thieles, sought to turn the lawsuit into a class action, involving potentially hundreds or thousands of others. It didn’t take long for XTO to oppose the lawsuit and its certification as a class action (see XTO Files Motion to Dismiss Royalty Lawsuit in Butler County, PA). Since that time we’ve not heard much of anything about the lawsuit. And then out the blue comes word that via arbitration, XTO has agreed to settle the lawsuit. The settlement includes turning it into a class action, and paying out a total of $11,010,000. As part of the settlement, XTO admits to nothing. That is, they do not concede the plantiffs have a valid case against them. It’s simply cheaper to settle it and move on rather than to keep fighting. Below we have the relevant court documents with the details of the settlement…
    Read More “PA Class Action Royalty Lawsuit Against XTO Settles for $11M”

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    FERC Denies NY DEC Request for Pipeline Rehearing, Heads to Court

    It’s “game on” between the Federal Energy Regulatory Commission (FERC) and the New York Dept. of Environmental Conservation (DEC). The DEC had arbitrarily, after more than one year of review, ruled against issuing a federal water crossing permit for a tiny 7.8 mile pipeline Millennium needs to build from its main pipeline to an electric generating plant under construction in Orange County. The power plant is due to be completed in early 2018, and needs a fuel supply. In a historic decision, FERC overruled NY DEC in September (see History Made! FERC Overrules NY DEC on Millennium Pipe Permit). The DEC, in a snit fit, demanded FERC not OK the beginning of construction until an army of DEC lawyers figures out a way to appeal, delay, obstruct and otherwise stop the project anyway (see NY DEC Appeals FERC Override of Millennium Pipe Decision). On Oct. 20th, Millennium asked FERC for permission to begin building the pipeline and NOT wait while the DEC tries to obstruct the project. A week later, FERC said “yes” to Millennium (see FERC Humiliates NY DEC, Millennium Can Begin Construction on Pipe). Here’s the new news: On Wednesday, FERC issued an order denying the DEC’s request for a stay and rehearing on the beginning of construction. But that’s not the end of it. Earlier this month NY’s egomaniac (and corrupt) Attorney General, Eric Schneiderman, filed an emergency request with the U.S. Court of Appeals for the Second Circuit (in NY) to block construction. The court granted his request and construction can’t begin. On Wednesday Millennium filed its own emergency request to dissolve the block in place from Schneiderman’s request, because Millennium has an immovable deadline. Grab the popcorn–this one is getting good…
    Read More “FERC Denies NY DEC Request for Pipeline Rehearing, Heads to Court”

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    CELDF Continues to Agitate Against Indiana, PA Injection Well

    We previously reported on the story of two Pennsylvania towns that were either hoodwinked, or perhaps willing led astray, by the radical Community Environmental Legal Defense Fund (CELDF) into passing (now overturned) bans on fracking and injection wells in their towns–Highland Twp (Elk County) and Grant Twp (Indiana County). The two townships thought they would do an end-run around the state’s authority to issue permits for two injection wells, one in each township, by re-incorporating under so-called home rule charters. The towns essentially declared themselves independent of the state for a variety of matters, including oil and gas permits, which the PA state constitution clearly says is a function of ONLY the state Dept. of Environmental Protection. In March, the DEP issued final permits to each town, and at the same time sued each town to get those portions of their home rule charters, dealing with oil and gas, overturned (see PA DEP Issues 2 Wastewater Injection Well Permits, Sues 2 Towns). The towns agreed to “stand down” and, during their lawsuits, not oppose the DEP’s permits for the injection wells (see 2 PA Townships Won’t Enforce “Home Rule” Against Injection Wells). We thought that would be the end of it. But no, it seems in Grant Township the so-called leaders of the town continue to be brainwashed by the CELDF. In May, Grant’s attorneys filed a counter-claim against PA asking Commonwealth Court to recognize a sort-of extra-judicial set of rights the town can exercise over top of, or in addition to, state laws (instead of their previous position of trying to replace state laws). Unfortunately the judge is willing to give them some rope. Here’s an update on the CELDF anarchist-backed challenge happening in Grant–a threat to our very Constitutional form of self-government…
    Read More “CELDF Continues to Agitate Against Indiana, PA Injection Well”

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    Sierra Club Files Federal Lawsuit to Stop NEXUS Pipeline

    Honestly, the Sierra Club launches so many petitions with FERC (Federal Energy Regulatory Commission), and so many lawsuits against FERC regarding pipelines, it’s hard to keep them all straight. One of the northeast pipelines the Clubbers oppose is NEXUS, a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada. NEXUS got final approval for the project from FERC in August, the first major pipeline to get approved following a newly restored quorum at FERC (see New FERC Quorum Votes Final Approval for NEXUS Pipeline). The Ohio EPA granted a water permit for the project in September (see Ohio EPA Grants Water Permit to NEXUS Pipe, “Learned” from Rover). Seeing the NEXUS freight train moving on down the tracks, the Clubbers filed a request for “rehearing” with FERC in September (see CORNballs, Sierra Club Continue to Fight NEXUS Pipeline in Court). Before anyone can sue to stop a federal pipeline project, the first step is to request a rehearing. If FERC delays or rejects a rehearing request, the supposedly aggrieved party can then launch a lawsuit in federal Appeals Court. And that’s what the Sierra Club did earlier this week. They filed a lawsuit against NEXUS in the Federal Court of Appeals for the District of Columbia, asking the court to force FERC to conduct a new review of the project, and in the meantime, shut it all down. The Sierra Club is rather good at shutting down pipelines and destroying jobs, as they recently did in PA (see Sierra Club Pipeline Lawsuit Throws 2,500 in PA Out of Work). Fortunately the PA episode was short-lived (just two days and work resumed). The question now is, will the lib judges in DC put up with yet another lame lawsuit from the Clubbers and shut down NEXUS construction?…
    Read More “Sierra Club Files Federal Lawsuit to Stop NEXUS Pipeline”

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    Penn Twp Ninny Nannies File Lawsuit to Block Apex, H&H Wells

    A group of ninny nannies calling themselves Protect PT (Penn Township, Westmoreland County), backed with money and legal help from Big Green group PennFuture, filed a lawsuit to try and stop Apex Energy and Huntley & Huntley (H&H) from drilling wells in the township. We first alerted you to the lawsuit in October, when we were only aware of Apex being in the group’s sights (see Judge to Rule on Apex Energy Well Drilling in Westmoreland County). Since then, we’ve learned that the partial injunction blocking well drilling not only bars Apex drilling wells, but H&H as well. Gillian Graber, Executive Director of Protect PT, fibbed when she said, “We’re not saying don’t frack in Penn Township or ban fracking. We never took that position. We disagreed with where [the drilling companies] put it.” We think that’s BS–Barbara Streisand. They want all drilling stopped period. That’s the aim of the lawsuit. Below is a somewhat biased article, but useful nonetheless, with insight into the legal tactics (bastardizations) being used by Protect PT’s PennFuture lawyers, hoping to overturn settled Act 13 law. We also have a copy of a brief filed by H&H, pushing back against this latest assault on Marcellus drilling in southwestern PA…
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    Little Green Takes 1st Step in Suing to Block Atlantic Coast Pipe

    No doubt being advised and funded by national Big Green groups, a group of backbencher local green groups (Little Green) have taken the first step in what will no doubt turn into a lawsuit to try and stop the Atlantic Coast Pipeline project from getting built. The Federal Energy Regulatory Commission (FERC) approved Atlantic Coast, a $5 billion, 594-mile natural gas pipeline that will stretch from West Virginia through Virginia and into North Carolina, in October (see FERC Approves Atlantic Coast, Mountain Valley Pipeline Projects). A group of 21 backbencher local green groups located in VA and NC filed a petition with FERC on Monday, asking the agency to “rehear” (reconsider) it’s approval of the project. Among the claims made by the backbenchers: “Federal regulators cut corners, ignored environmental injustice and climate destruction, and usurped state authority in approving construction,” according to NC Warn, one of the backbenchers. Of course all of this is political theater. Grandstanding. Showboating. They don’t really believe FERC will change it’s mind. What happens next is FERC will tell the backbenchers they’re full of beans and to go away, and then the backbenchers can legally file a lawsuit with the Federal Court of Appeals (preferably with the liberal DC Circuit). Filing a petition for a rehearing with FERC is Step #1. Federal lawsuit is Step #2. Below is news about the petition, a copy of the 40-page petition, and a press release from one of the backbencher groups…
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    Court Lifts Atlantic Sunrise Stop Work Order – 2,500 Back to Work

    Yesterday was quite a roller coaster ride for Williams with regard to a work stoppage in building the $3 billion Atlantic Sunrise Pipeline. It was just two days ago that the Federal Court of Appeals for the District of Columbia issued an emergency stop work order for Atlantic Sunrise, idling some 2,500 workers in PA and costing the company $8 million a day in downtime (see DC Court Forces “Emergency Stop” of Atlantic Sunrise Pipeline Work and Sierra Club Pipeline Lawsuit Throws 2,500 in PA Out of Work). The stop work order was in response to a lawsuit filed by the Sierra Club, Lancaster Against Pipelines and several other radical Big Green groups. Williams, the builder of the pipeline, filed a “Motion for Clarification” to ask the court what the order means, stop only the work on the pipeline in Pennsylvania? Or does the stop work order include other states too, where new gas supplies are already flowing? In their motion, Williams also asked the court to make the Sierra Club and the other radical groups to collectively post an $8 million per day bond–to cover Williams’ expenses if/when the radicals lose their case. After all, their actions are costing Williams $8M a day. Early yesterday the court responded to Williams’ motion with an answer: Stop work only applies in PA, and no, the court won’t make the radicals post an $8M/day bond. Bummer. That was the low point of the day. But then came a second response from the court in the late afternoon: The court said (our words), “The emergency stop work order is over, you can go back to work, and after reviewing the petition from the nutjobs, we’ve found they don’t have a case. Case dismissed.” That was the high point of the day. And so today, Thursday, Nov. 9, some 2,500 PA workers are back on the job laying pipe–including laying pipe through a cornfield in Lancaster County owned by a group of misguided nuns (who have sued to stop it). The nuns’ property will be the very first location to see the new pipeline installed and buried…
    Read More “Court Lifts Atlantic Sunrise Stop Work Order – 2,500 Back to Work”

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    Sierra Club Pipeline Lawsuit Throws 2,500 in PA Out of Work

    Just before the holidays, thousands of workers who were working on the Atlantic Sunrise Pipeline project have been escorted to the unemployment office–courtesy the odious Sierra Club. Yesterday we brought you the sad news that the Sierra Club’s lawsuit has stopped work on the $3 billion pipeline project (see DC Court Forces “Emergency Stop” of Atlantic Sunrise Pipeline Work). Companies building closely-vetted and highly regulated projects like Atlantic Sunrise project are jobs creators. The Sierra Club is a jobs destroyer. We asked Williams how many workers have been idled because of the work stoppage from the “temporary” order from the court. Williams spokesman Chris Stockton replied: “The exact number is 2,500.” He also said this: “It is costing about $8 million per day in idle construction costs.” The Clubbers’ frivolous lawsuit is causing real pain and real suffering for thousands of workers…and their families…and their children. Williams issued a press release yesterday to say they have filed a “Motion for Clarification” to determine what the emergency stop work order affects–just construction work in PA? Or the work they’ve already done (and are doing) outside of PA, which would stop new quantities of Marcellus gas already flowing south? Williams says they expect the court will conduct their review “expeditiously” and end this charade (our word) very soon. Antis rejoiced in the news of the stop work order, including one of the “leaders” of the airheaded opposition, who sounded like an 80s Valley Girl when she said: “I can’t believe it, like, does this mean they can’t continue with construction? Like, seriously?” Meanwhile, like some 2,500 people are like tragically out of work–including like 370 in Schuylkill County alone. Merry Christmas from the Sierra Club and from a small group of radicals called Lancaster Against Pipelines…
    Read More “Sierra Club Pipeline Lawsuit Throws 2,500 in PA Out of Work”

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    DRBC Attorney Faints in Federal Court During Questioning

    Some true courtroom drama from yesterday to report regarding a lawsuit brought by Wayne Land and Mineral Group against the Delaware River Basin Commission’s (DRBC) arbitrary and illegal frack ban. Yesterday we told you Wayne landowners would finally get their day in federal court (see Landowner Fight to Overturn DRBC Frack Ban Goes to Fed Court Today). And so they did. Or at least, began to. The attorney for the Wayne landowner (plaintiff) was questioned by the 3rd Circuit judges about their case. However, when the lead attorney for the DRBC (defendant) took his turn at the podium to be questioned, at one point during what was intense question, the attorney, Kenneth Warren, fainted! In the only account reporting on the incident we could find, Warren was attended to by medics and quickly revived–however both sides agreed to postpone the rest of the session in light of the episode. There was no word on why Warren fainted–his office did not respond to requests from a reporter for an explanation. Perhaps he’s been ill? Perhaps the pressure was too much? We simply don’t know. So here we are again in limbo–with PA landowners having been shafted by the DRBC for 10+ years, now shafted again until the lawyers and the judges can agree on a new date for the rest of oral arguments…
    Read More “DRBC Attorney Faints in Federal Court During Questioning”

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    DC Court Forces “Emergency Stop” of Atlantic Sunrise Pipeline Work

    The arrogance of Big Green was on full display yesterday as they rushed to stop the Atlantic Sunrise Pipeline project project and silence lawfully permitted work. In response to a lawsuit filed by the worst of the worst (the Sierra Club) on Oct. 30th, a liberal court in the District of Columbia yesterday slapped the Atlantic Sunrise project with an emergency stop work order–for the entire project. Work had already begun to lay pipe on the property of Catholic nuns in Lancaster County, PA. The nuns call themselves Adorers of the Blood of Christ. We call them Sisters of the Corn (you can read why here). The Sisters have allowed themselves to be used to oppose the Atlantic Sunrise project by a radical professor from Lancaster County, Mark Clatterbuck, someone who engaged in the North Dakota Access Pipeline protests (protests that turned violent). Clatterbuck enlisted the help of his Big Green buddies in the Sierra Club to try and litigate to stop the federally and legally approved project last week (see Sierra Club Asks Fed Court to Stop Atlantic Sunrise Construction). Yesterday we told you that Williams, the builder, was building at the site of the Sisters first because of the involvement of Clattberbuck and Big Green interference–get the hard part done first (see First Atlantic Sunrise Pipe Gets Buried on Nun Property). We were grinning that pipeline on the Sisters’ property would be the first to be laid and buried in the ground, likely done this week. Today the grin is wiped off our face, we must confess. It’s so sad to see egregious abuses of our legal system like this. We expect the stop work order for the project will be temporary–perhaps a few weeks. But one never knows. The DC Circuit Court of Appeals is looking at the question of whether the Federal Energy Regulatory Commission was correct in approving the project in the first place last February…
    Read More “DC Court Forces “Emergency Stop” of Atlantic Sunrise Pipeline Work”

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    Landowner Fight to Overturn DRBC Frack Ban Goes to Fed Court Today

    The lawsuit filed by a Wayne County, PA landowner against the egregious overreach by the Delaware River Basin Commission (DRBC) to stall/delay/block any shale drilling within the Basin takes a very important step forward today. It’s a step feared by the DRBC and radical groups like THE Delaware Riverkeeper–because this case has the real potential to neuter the DRBC’s claim it can block shale drilling in the watershed. In March, MDN reported that U.S. District Judge Robert Mariani ruled against the Wayne Land and Mineral Group in a lawsuit that challenged the right of the DRBC to stop fracking in the Delaware River Basin (see Judge Tosses Wayne County, PA Landowner Lawsuit Against DRBC). At first blush it may seem like a setback for landowners in Wayne and Pike Counties (in PA) who have been denied the right to lease and allow drilling under their land for the past 10+ years. But looks can be deceiving. As we pointed out in our article, if you read the judge’s decision, he harpoons all of the DRBC’s legal arguments, but in the end rules against the landowner. Why? Because the judge wanted to send the case to a higher court for an ultimate decision–the 3rd Circuit Court of Appeals. In June, the Wayne Land and Mineral Group filed their brief with the 3rd Circuit (see Wayne County Landowner Files Brief in Case Against DRBC Frack Ban). Today, oral arguments will be heard in what we sincerely hope is the beginning of the end of the DRBC’s illegal frack ban…
    Read More “Landowner Fight to Overturn DRBC Frack Ban Goes to Fed Court Today”

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    OH EPA Director Manipulates Atty General to Sue Rover Pipeline

    The director of the Ohio Environmental Protection Agency (EPA), Craig Butler, continues to go off the rails with a major grudge against Rover Pipeline (see Ohio EPA’s Craig Butler Goes Nuts, Demands $2.3M from Rover Pipe). Using his position and the power of his agency, Butler has now convinced Ohio’s wishy washy Republican Attorney General, Mike DeWine, to sue Rover “for polluting state waters while constructing a natural gas pipeline across Ohio.” Which is, of course, nonsense. Yes there have been some spills of drilling mud. It happens. Yes, one of them was totally unacceptable (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). However, using the mighty power of the entire state to sue a private company because Butler has an ego trip and wants to shake down the Rover project for millions is unacceptable. It’s time to fire Craig Butler. Below is the AG DeWine’s brief statement, a copy of the sham lawsuit DeWine filed late last week, and a response from Energy Transfer Partners, the builder of Rover…
    Read More “OH EPA Director Manipulates Atty General to Sue Rover Pipeline”