Litigation

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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…
    Read More “Little Green Takes 1st Step in Suing to Block Atlantic Coast Pipe”

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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”

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    First Atlantic Sunrise Pipe Gets Buried on Nun Property

    We find this story amusing. A group of left-leaning Catholic nuns in Lancaster County, PA, whipped up by radical environmentalists with ties to Big Green organizations, got it into their heads to try and block a very-safe natural gas pipeline from crossing their property–the Atlantic Sunrise Pipeline being built by Williams. The Sisters call themselves Adorers of the Blood of Christ. We call them Sisters of the Corn, because they put a couple of wooden park benches in a cornfield on their property (leased to a local farmer), christening it a “chapel” and claiming because the pipeline would run through the middle of their so-called chapel, building a pipeline is a violation of freedom of religion. In September a federal judge tossed the lawsuit (see Fed Judge Tosses Lancaster Nuns’ Freedom of Religion Lawsuit re ASP). However, the Sisters and their bought-and-paid-for-by-Big-Green lawyers have appealed it. The Sisters are hypocrites. They heat an old folks home they operate on the very same property–with natural gas! Talk about chutzpah. Over the past few weeks, mostly non-local Big Green protesters have showed up at the property as work began. So far 29 of the wackier protesters have been arrested trying to block work on the pipeline (see Lancaster Pipeline Protesters ‘Do the Hokey Pokey’ & Get Arrested and 6 More Arrested for Blocking Pipe Work at Lancaster Nun Property). Williams wisely chose the cornfield site owned by the Sisters as the first place to dig and lay pipeline. Within a few days (perhaps already), that very location will be the first portion of Atlantic Sunrise to be laid in the ground and covered up. Williams isn’t stupid. Get the location with the most resistance done first and the rest is a piece of cake. Meanwhile, Big Green lawyers are screaming for court intervention, even as the pipes are lowered into the trench (we just can’t wipe the smile off our face)…
    Read More “First Atlantic Sunrise Pipe Gets Buried on Nun Property”

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    NFG 3Q17: Delayed Northern Access Pipe No Closer to Resolution

    Last week National Fuel Gas Company, headquartered in Western New York State with drilling subsidiary Seneca Resources and pipeline subsidiary Empire Pipeline, issued its fourth quarter (everyone else’s third quarter) 2017 update. In the accompanying analyst phone call, CEO Ronald Tanski blamed the delay of the Northern Access Pipeline project (delayed by the NY Dept. of Environmental Conservation) for lower earnings than the company would have otherwise realized. Thanks, business UNfriendly NY! You may recall in July NFG filed a lawsuit against the DEC for arbitrarily rejecting the project (see Northern Access Pipeline Court Case Further Threatens NY DEC). On the analyst call, Tanski said the case, filed in the Second Circuit Court of Appeals (in NY), will hold oral arguments on Nov. 16th. Tanski also said it’s “anyone’s guess” when NFG will get an answer about the project–either from the lawsuit or the Federal Energy Regulatory Commission (FERC). On the drilling front, Seneca Resources produced 40.4 billion cubic feet equivalent (Bcfe) last quarter, up a tiny 1% from the same quarter a year ago. After hedging, Seneca got $2.91 per thousand cubic feet (Mcf) for their gas–not too shabby. Below is the full update for NFG for last quarter (remember they also have a huge utility business, in addition to drilling and pipelines), along with excerpts from the analyst call and the latest slide deck…
    Read More “NFG 3Q17: Delayed Northern Access Pipe No Closer to Resolution”

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    Sierra Club Asks Fed Court to Stop Atlantic Sunrise Construction

    The odious Sierra Club is at it again. Using what appears to be endless supplies of money from people like the Rockefellers, the Sierra Club, along with a mishmash of other radical environmental groups, filed an emergency motion in federal court on Monday, asking the court to stop any further work on the Atlantic Sunrise Pipeline. Atlantic Sunrise is a $3 billion, 198-mile natural gas pipeline project running through 10 Pennsylvania counties to connect Marcellus Shale natural gas from northeastern PA with the Williams’ Transco pipeline in southern Lancaster County. Williams, the company building/owning the project, broke ground in September (see Williams Breaks Ground on Atlantic Sunrise Pipe, Ahead of Schedule). Since that time 29 radicals in two different protests have been arrested for blocking construction in Lancaster County (see Lancaster Pipeline Protesters ‘Do the Hokey Pokey’ & Get Arrested and 6 More Arrested for Blocking Pipe Work at Lancaster Nun Property). However, the work continues–at a rapid pace. Williams knows the longer they take, the more likely antis will find a way to slow or stop the construction. On Monday the Sierra Clubbers filed their latest “throw everything against the wall to see if something sticks” frivolous lawsuit to try and stop it–to give their other (numerous) frivolous lawsuits a chance to work their way through the court system, in hopes something, anything will work to stop the project…
    Read More “Sierra Club Asks Fed Court to Stop Atlantic Sunrise Construction”

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    Corp Raider Supports EQT/Rice Merger, but Lawsuit Still Looms

    In something of a good omen ahead of a vote on Nov. 9 by shareholders of EQT and Rice Energy to approve a merger, one of two EQT-shareholding corporate raiders, D.E. Shaw, supports the merger. In point of fact, Shaw has not opposed the merger since it was announced in June. Shaw’s “issue” has been that the merged EQT/Rice should immediately split itself in two–into upstream (drilling) and midstream (pipelines). Shaw’s pressure seems to be one of the (main?) reasons why EQT moved up the timing to consider such a split (see Under Pressure, EQT Moves Up Timeline to Explore Splitting Co.). Last week EQT CEO Steve Schlotterbeck all but confirmed the company will split in two after a special committee formed to explore that option makes its final recommendation (see EQT CEO Signals Company Likely to Split in Two After Rice Merger). Evil corporate raider Jana Partners is still opposed to the merger and is fighting it tooth and nail. Jana may have some help. A flurry of lawsuits have been filed by shareholders opposing the merger–most of them going nowhere. However, one of the lawsuits, filed in Allegheny County Court, will go before a judge three days before the Nov. 9 vote. That lawsuit requests an emergency injunction against the vote. It’s possible the county judge could block the vote, giving Jana more time to whip up opposition…
    Read More “Corp Raider Supports EQT/Rice Merger, but Lawsuit Still Looms”

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    Monroeville Responds to Court Challenge re Seismic Testing Ord

    Monroeville, PA (Allegheny County, suburb of Pittsburgh) is hostile toward the shale industry and continues to display their hostility in court. In September, Monroeville Council voted to enact a super-restrictive seismic testing ordinance (see Monroeville, PA Passes Restrictive Seismic Testing Ordinance). The ordinance was meant to hassle Huntley & Huntley (H&H), which had wanted to conduct seismic testing in two rural areas of the municipality. The contractor doing the seismic work for H&H, Geokinetics, took Monroeville Council to court over their punitive seismic ordinance (see Monroeville Seismic Testing Ordinance Challenged in Court). In the complaint, Geokinetics said, “Monroeville’s intransigence is not motivated by any legitimate concerns for the health and safety of its citizens, but rather by its council’s concerns about November elections.” Claiming seismic testing will “potentially have a profound impact upon the environment,” the solicitor for Monroeville filed a rebuttal on Monday. The municipality is fighting an injunction of their junk seismic ordinance with wild claims that tapping the ground will damage the environment…
    Read More “Monroeville Responds to Court Challenge re Seismic Testing Ord”

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    OH Supreme Crt Considers Whether Landmen Need Real Estate License

    In March MDN reported on a court case decided in Ohio’s Seventh District Court of Appeals that seems to say that at least some landmen in Ohio DO need to be licensed real estate agents, in order to get paid (see OH Court Rules Landmen Need to be Licensed Real Estate Brokers). Although the court decision was deep in the weeds with legalese, our takeaway was that if a landman is compensated via a commission for the deals he or she brokers, that person needs to have a real estate license. If the landman is paid “day rate”–that is, paid by the day by a drilling company to get deals signed no matter how many deals and no matter the value of the deals–that landman does not need a real estate license. At least that’s our understanding. However, the issue isn’t settled yet. The case decided in March, Dundics v. Eric Petroleum Corp., was appealed to the Ohio Supreme Court by those not happy with the outcome that some landmen will need a real estate license. The Supremes have just agreed to hear the case…
    Read More “OH Supreme Crt Considers Whether Landmen Need Real Estate License”