New Lawsuit Against Mountain Valley Pipe Seeks to Emasculate FERC
In June, a group of radical “environmental” organizations filed a lawsuit in the U.S. Court of Appeals for the Fourth Circuit against the West Virginia Dept. of Environmental Protection–for doing their job (see Radicals File Lawsuit Against WV DEP for Approving MV Pipeline). Sierra Club, West Virginia Rivers Coalition, Indian Creek Watershed Association, Appalachian Voices and Chesapeake Climate Action Network sued the DEP because the department had the audacity to conduct a thorough review, and then issue a stream and water-crossing permit (demanded under federal law) for the Mountain Valley Pipeline (MVP). MVP is a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA. A second lawsuit has now been filed in federal court to block the MVP project–this time from anti-pipeline residents from West Virginia and Virginia. This second lawsuit is even more insidious than the first. The new lawsuit, filed in U.S. District Court in Roanoke, VA (full copy below), seeks to block the Federal Energy Regulatory Commission (FERC) from doing its job by issuing a certificate to approve MVP. The suers claim FERC would be violating the U.S. Constitution by approving a private project that “takes” private land without just compensation. The suers maintain that according to the Constitution, land can only be taken for “public use” and that the pipeline is for private use, not for the public good. That’s the claim. If these virulent antis win this case, it would emasculate FERC–take away its authority to approve major interstate pipeline projects. We don’t give the case much of a chance, but hey, one never knows…
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Anti-fossil fuelers who irrationally hate anything to do with natural gas, including the super-safe pipelines that flow it, have found a sympathetic judge inside the Dept. of Environmental Protection’s Environmental Hearing Board to side with them in a campaign to stop the Mariner East 2 pipeline project. At least temporarily. Yesterday Environmental Hearing Board Judge Bernard Labuskes, Jr. issued an order stopping all underground horizontal directional drilling (HDD) across PA related to the ME2 project. The order affects some 55 different locations where HDD is being used. Headlines in left-leaning anti pubs like StateImpact Pennsylvania and the Pittsburgh Post-Gazette mislead people into thinking ALL construction of ME2 has stopped. That is manifestly untrue. The only thing stopped, for the next two weeks, is HDD. The other 90% (or more) of the project, which is digging trenches for the twin pipelines, continues. Only in locations where ME2 must drill underground–say under a stream or roadway–are affected by the judge’s order. The order is in response to an appeal by radical Big Green groups, including the anti-fossil fuel Clean Air Council (of Philly), THE Delaware Riverkeeper (Maya van Rossum), and Mountain Watershed Association (see
In May MDN brought you the news that the Ohio Environmental Protection Agency (OEPA) was going after Rover Pipeline for failing to properly plan storm water management which resulted in heavy storm water runoff into farmers’ fields where Rover is digging trenches (see
The CORNballs of Ohio continue to try and shut down the $2 billion, 255-mile NEXUS interstate natural gas pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada. CORN stands for Coalition to Reroute NEXUS. CORNballs is what we affectionately call the group–as a way of pointing out their nutty true purpose–to try and shut the NEXUS project down. Period. Their aim has nothing to do with “rerouting” and everything to do with shutting it down. In May 2017, the CORNballs revealed their true colors when they filed a lawsuit in federal court in Akron, OH (see
In December 2015, Pennsylvania’s felony-indicted Attorney General, Kathleen Kane (now gone), brought a lawsuit against Chesapeake Energy, Anadarko and Williams accusing them of, among other things, royalty fraud (see
In September 2016, MDN brought you the sad news that the former head of external affairs and government relations for Competitive Power Ventures (CPV), Peter Kelly, was indicted for bribing New York Gov. Cuomo’s long-time top aide Joseph Percoco to get state approvals for CPV’s $900 million Valley Energy Center natural gas-fired electric generating plant in Orange County, NY (see
A group of Catholic nuns who prefer to worship Mother Nature rather than Jesus Christ (the Person they pledged to serve) is suing the Federal Energy Regulatory Commission (FERC) for approving the $3 billion, 198-mile Atlantic Sunrise Pipeline project–because it will run through their cornfield. Perhaps the sisters consider themselves Sisters of the Corn? We previously told you about this small group of nuns–who use the same natural gas that will flow through Atlantic Sunrise Pipeline to heat their own property (see
In June 2016, MDN shared with you the news that Munroe Falls (Summit County), OH had filed yet another frivolous lawsuit against Beck Energy to prevent drilling–after already losing a similar case before the Ohio Supreme Court (see
The true colors of PennFuture, a radical anti-drilling group, are now revealed for all to see. In June, MDN warned you that Big Green groups like PennFuture are attempting to “weaponize” a recent PA Supreme Court ruling (see 
The Ohio Controlling Board, part of the Office of Budget and Management, has raided (i.e. stolen) $15 million from Ohio’s severance tax fund to use in settling a lawsuit from the late 1990s–a lawsuit that has nothing whatsoever to do with oil and gas. According to the American Petroleum Institute Ohio, the misappropriation of the money is likely illegal. The Controlling Board was set up by the Ohio legislature to handle “necessary adjustments to the state budget.” In other words, it was set up to pick one pocket and put the money in a different pocket. In 1997 Ohio widened a dam spillway in the western part of the state, and the result flooded the property of some unfortunate landowners, who sued. The lawsuit has languished for years, and it’s now time to pay up. The Controlling Board decided to raid/steal the money from the severance tax fund–a fund that’s supposed to be used for things like plugging abandoned orphan o&g wells. Most drilling in Ohio happens on the eastern side of the state. The flooded property in 1997 happened on the western side of the state. Anyone else see a disconnect and sleazy politics going on here? The severance tax fund has become the personal piggy bank for certain Columbus politicians…
In August 2015, MDN told you about a lawsuit brought by a group of left coast radicalized children who want to force the federal government to become communist and “force action” on mythical climate change (see
Huntley & Huntley has plans to drill shale wells in Upper Burrell Township (Westmoreland County), PA. As MDN reported in June, a landowner in Upper Burrell filed an appeal against Upper Burrell’s zoning ordinance that allows drilling in rural, agricultural districts (see
NG Advantage wants to build a “virtual pipeline” operation in ultra-liberal Broome County, NY, in a suburb of Binghamton. The location NG picked, after considering up to six locations in the region, was selected because of it’s proximity to major highways, proximity to the Millennium Pipeline, and availability of high-power electric lines. A virtual pipeline is nothing more than a compressor plant (series of compressor plants) that grabs gas from a pipeline, in this case the Millennium, and compresses it and loads it onto special tractor trailers that then deliver the gas to industrial customers like manufacturing plants, hospitals, and even small regional systems servicing homes. The location NG selected, in the Town of Fenton (within spitting distance of Hillcrest and Port Dickinson) was approved by the Town of Fenton after a detailed review. The area they selected is zoned industrial and is, in fact, a former dump site. However, residents from nearby neighborhoods (Hillcrest and Port Dick) were not aware of the project (so they claim) and when construction began to clear the dump site, and residents learned what was going to be built at the site, some of them demanded court action to oppose it. So far we’ve had two court cases asking county-level court (called “Supreme Court” in NY) to stop the project, which it temporarily did (see 
If the only tool you have is a hammer, you are tempted to treat everything as a nail (Abraham Maslow, 1966). Such is it with radical anti-drillers who recently won a case at the PA Supreme Court by the skin of their teeth. The case dealt with the narrow issue of how PA can spend revenue raised by leasing and allowing drilling for oil and gas under state-owned land (see