9th Circuit Rules Trump Rework of Clean Water Act Still Valid
In April 2019, President Trump signed an Executive Order (EO) instructing the Environmental Protection Agency to review Section 401 of the Clean Water Act–the section that grants states (and tribes) the right to have a say in pipeline projects (see Trump Signs Executive Order Making it Harder to Block Pipes). In keeping with the EO, the EPA issued a draft new rule in August 2019 tightening up standards used in Section 401, creating new boundaries so states like New York and Washington could not continue to “color outside the lines” by rejecting pipelines for political reasons, as they have both done (see EPA Issues Proposed New Rule for Section 401 Water Permit). A final version of the new rule was eventually adopted. A plethora of Big Green groups filed a lawsuit challenging the new rule. In October 2021, a San Francisco Democrat judge appointed by Bill Clinton vacated the Trump EPA modifications (see Fed Judge Rules States Can Take Years to Issue 401 Water Permits). But that’s not the end of the story…
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Big Green is Big Business–especially in Pennsylvania, where leftist groups routinely file a blizzard of lawsuits against the shale industry. Some Big Green groups receive funding from foreign sources, including Russia and China. They seem to have endless pools of money to litigate every square inch of new pipeline and every proposed new well pad. As if being repeatedly sued isn’t enough, these disgusting groups want the fossil fuel industry to pay them for their lawyers! When the groups are the ones filing the lawsuits!! The Democrat judges of the Pennsylvania Supreme Court, in a poorly reasoned decision issued yesterday, have granted Big Green the power to sue, and then get paid for suing.
Since 2015 we’ve reported on the case of Grant Township (Indiana County, PA), a town that passed an ordinance cooked up by the radical Big Green group Community Environmental Legal Defense Fund (CELDF) to try and block a state-approved injection well proposed by Pennsylvania General Energy (
Last summer then-Gov. Tom Wolf instructed the Pennsylvania Dept. of Environmental Protection (DEP) to conduct a comprehensive review of conventional oil and gas driller compliance with an eye on locating enough dirt to justify creating onerous new regulations for the industry (see 
Yes, you can “phone it in” for your job if you work in the oil and gas industry. According to search firm Piper-Morgan Search, remote work, at least for some jobs in oil and gas, “is an established reality now and it’s not going away.” Some workers are 100% remote and don’t (or won’t) go into an office to do their job. How cool is that? Of course, like many industries, not every job can be done remotely. Which type of O&G jobs can be done remotely?
Finally! The Federal Energy Regulatory Commission (FERC) has granted permission to the Freeport LNG facility, located in Quintana, Texas, to restart two of three liquefaction “trains,” two of three LNG storage tanks, and one of two LNG births for ships to tie up and load. While the third train and third storage tank will need further FERC permission, Freeport predicts the entire facility–all three trains and the infrastructure that supports them–will be online and producing the maximum 2 Bcf/d (billion cubic feet per day) within “the next several weeks.”
Equitrans Midstream, an important midstream (pipeline) company in the Marcellus/Utica, issued its fourth quarter and 2022 update yesterday. Equitrans is the builder and soon-to-be (hopefully!) operator of the 94% complete, 303-mile Mountain Valley Pipeline (MVP) project. There were some important updates on the MVP project yesterday. Along with MVP, Equitrans owns and operates the Rager Mountain Gas Storage Area in Jackson Township, Cambria County, PA, which suffered a massive leak last year. Officials provided some updates on that situation as well.
UGI, a diversified energy company with midstream (pipeline) operations and one of PA’s largest utility companies, is planning to build a second LNG peak shaver. The peak shaver will be located in Middlesex Township in Cumberland County, PA. In November 2020, UGI launched the operation of a new 2 million gallon LNG peak shaver in Bethlehem, PA (see 
The Pennsylvania Dept. of Environmental Protection (DEP) issued a Notice of Violation (NOV) early last week to the Shell ethane cracker plant in Monaca (Beaver County), PA, now called the Shell Polymers Monaca facility, for the third time since it officially began operation last November. In a letter dated Feb. 13 (copy below), the DEP stated the facility violated rolling 12-month emission standards in both November and December. Shell faces fines of $25,000 per day for each day the facility exceeds emissions limits. In light of this most recent NOV, two anti-fossil energy groups have asked the DEP to immediately shut down the facility to stop extra air pollution in the region.
A little over a month ago, MDN brought you the good news that the Federal Energy Regulatory Commission (FERC) has approved the Williams Regional Energy Access Expansion (REAE) project, a plan to beef up the Transco pipeline in Pennsylvania and New Jersey to deliver an extra 829 MMcf/d of Marcellus gas to PA, NJ, and Maryland (see 
West Virginia Senate Bill (SB) 188 is aimed at making WV more competitive with its neighbors–Pennsylvania and Ohio–with respect to siting more gas-fired power plants in the state. We reported last week that the bill seemed to be on a fast track to a final vote in the House, after the Senate approved it by a wide margin (see 
Just over one year ago, the Federal Energy Regulatory Commission (FERC) voted to keep the Weymouth compressor, the final piece of the $452 million Atlantic Bridge expansion project that was years in the making, up and running (see 
Pennsylvania State Rep. Martin Causer, Republican from Bradford (McKean County), PA, is introducing a new bill to prohibit PA municipalities from banning the installation and use of natural gas stoves and furnaces. “Pennsylvanians deserve better than to have their freedom restricted by an overly involved government that thinks it knows better than they do,” Causer wrote in a memorandum to his fellow House members, asking them to join him in co-sponsoring the bill. In our opinion, every single Republican member of the PA House should be listed as a co-sponsor of Causer’s “energy freedom” bill.
The difference between the Susquehanna River Basin Commission (SRBC) and the Delaware River Basin Commission (DRBC) is stark. The former is well-run and rational, the latter is disorganized and irrational. At least with respect to fracking. Over the weekend, the SRBC published a notice in the Pennsylvania Bulletin to announce that during the month of January, the agency approved 38 requests for daily water use on shale well pads in the SRBC’s jurisdictional territory in Pennsylvania, totaling some 233.5 million gallons. Put another way, this is a handy list of where drilling will soon happen in northeastern PA.
The Barack Hussein Obama administration went crazy with over-regulation in many areas. One of them was to redefine “waters of the United States” (or WOTUS) as everything down to, no exaggeration, mud puddles. When Donald Trump took office, he set about to correct some of the insane abuses of the Obama era, including WOTUS. He finally got it fixed. However, the Bidenistas took up the cause once again. Radicals at the EPA announced a new rule in January aimed at re-regulating all waters, putting power over just about everything (including oil and gas drilling) into the federal government’s hands via WOTUS (see