Worst Fears May Come True with PennEast Pipeline Court Decision
Yesterday MDN brought you news of the U.S. Court of Appeals for the Third Circuit ruling that disallows PennEast Pipeline from using the delegated power of eminent domain to cross properties either owned by, or with easements granted to, the state of New Jersey (see Federal Court Rules PennEast Pipe Can’t Run Thru NJ State Land). We expressed a grave fear that this ruling, which sets a precedent, may result in new pipeline projects in lefty states (like NY, NJ, MD, CA, etc.) getting blocked. Turns out we’re not the only ones who believe that may happen.
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What’s the status of Atlantic Coast Pipeline (ACP), a 600+ mile pipeline that will run from West Virginia through Virginia and into North Carolina? Only 35 miles of pipeline is currently built, and all construction, at the moment, is blocked by the U.S. Fourth District Court of Appeals. Almost all of the workers for the project (thousands of them) have been laid off. Big Green groups with deep pockets have harassed the project from the beginning by filing lawsuits, blocking construction. Yet Dominion Energy, the primary partner and builder of ACP, remains “confident” the pipeline will, eventually, get built. When?
You may recall news from last year that an Ohio Supreme Court ruling requires landmen to have a real estate license in order to get paid–IF they are compensated via a commission and/or royalties for the deals they broker (see 
Any LNG (liquefied natural gas) export facility built or planned along the Eastern seaboard or Gulf Coast is critically important for the Marcellus/Utica. Why? Because they are BIG users of natural gas, big important (new) markets for our gas. Yes, M-U gas flows all the way to the Gulf Coast, to both Louisiana and Texas. Our friends at RBN Energy recently published the first in a short series providing an update on where U.S. LNG export demand and new projects stand. First up is a close look at LNG facilities at Elba Island (Georgia), Freeport (Texas) and Cameron (Louisiana).
Two of the eight Pennsylvania House bills that are part of an initiative called Energize PA will be considered and debated before the PA House State Government Committee on September 17. Both bills, House Bill (HB) 1106 and 1107, are aimed at streamlining and speeding up the permitting process at the semi-dysfunctional Dept. of Environmental Protection (DEP). Enviro-leftists are screaming–they don’t want the dysfunction to stop. Having shale permits issued more quickly is not in their game plan.
We recently spotted a column on the Forbes website by one of our favorite authors, Jude Clemente, under the title that “Gov. Cuomo Should Support The Constitution Natural Gas Pipeline.” Well, of course he should! We’ve argued that for years. In digging into the article, we found Clemente uses facts and figures to build his case for *why* Cuomo should support it–indeed, why it would be stark…raving…mad not to support it. For example, did you know that natural gas is the main source of energy in NY–double that of gasoline? Who knew?!
Ever wonder how it feels to be “streamlined” (laid off, fired) to help the company’s “bottom line”? We can assure you, it feels lousy. It feels like the end of the world has just happened. The future is now uncertain. Will you have to sell the house? Pull the kids out of school? File for food stamps (something you’ve never had to do)? Those are some of the thoughts that are swirling through the heads of 196 soon-to-be former employees of EQT after the latest round of “streamlining” and “workforce reductions.”
Well, score a victory for the forces of evil. Sometimes Darth Vader wins–that’s life. Yesterday the U.S. Court of Appeals for the Third Circuit ruled that PennEast Pipeline cannot use the power of eminent domain to “condemn” (take possession of) land that is owned or otherwise controlled by the State of New Jersey because it violates the Eleventh Amendment of the U.S. Constitution. According to the judges, the Eleventh Amendment says states have sovereign immunity from such actions.
In July rumors circulated that Energy Transfer is looking to sell its 33% ownership stake in Rover Pipeline, a project they worked so hard to build (see 
EQT contracted two drilling rigs from Orion Drilling in 2014 that later, in 2015 and 2016, experienced trouble–like a 50,000-pound drilling block slamming to the ground kind of trouble. EQT canceled the contract and would no longer use the two rigs. Orion sued claiming breach of contract. A jury decided EQT was in the right by canceling the contract. Orion asked a judge to overturn the jury decision and order a new trial. Yesterday the judge refused, meaning the jury decision stands and Orion now owes EQT $2.8 million to cover EQT’s attorneys’ fees and costs. Ouch, that didn’t go as planned.
On Monday MDN told you that radical anti-fossil fuelers and the City of Oberlin, OH won a minor victory of sorts against the long-completed NEXUS Pipeline project (see 
Sunoco is performing “optimization work” at the Marcus Hook export terminal this month. Marcus Hook is where two (soon to be three) Mariner East Pipelines terminate, hauling NGLs (propane, ethane, butane) from western Pennsylvania and eastern Ohio all the way to the Philadelphia area. At Marcus Hook the NGLs get separated and most (not all, but most) get loaded onto ships for export to other countries. Sunoco needs to upgrade a few things to export even more. They’re shutting down Marcus Hook this month, and that’s a (temporary) problem for the main shipper sending NGLs to the facility–Range Resources.
This 
The Pennsylvania Dept. of Environmental Protection (DEP), which once supported (in court) Sunoco Logistics Partners method of requesting permits for the Marcus Hook facility (near Philadelphia), has just flip flopped and change sides, now siding against Sunoco and the permits the DEP itself issued for the Marcus Hook facility. DEP is now siding with the radical Clean Air Council demanding that all of the work at the Marcus Hook facility be done under a single emissions permit, not separate permits.
Just prior to taking a long Labor Day holiday weekend, MDN brought you news that the Federal Energy Regulatory Commission (FERC) has overruled New York State to allow the Constitution Pipeline to move forward with construction (see