Chester County DA Goes Rogue, Targets ME2 Pipe w/Criminal Probe

Another abuse of power and bastardization of our judicial system–this time by RINO (Democrat wannabe) Tom Hogan, the District Attorney for Chester County, PA. Hogan has launched a criminal probe into the Mariner East Pipeline projects (1 and 2). The probe smacks not of justice but of politics–as in Hogan seeking higher office. It also smacks of a diversion–attempting to focus attention away from a recent lawsuit filed against Hogan by PA State Troopers because Hogan maintains a blacklist with troopers’ names that he refuses to call to testify in court cases (see Chesco D.A. Hogan sued by state police troopers over ‘do not call’ list). What better way to divert attention away from your own sleazy practices than to focus on someone else’s alleged wrongdoing?
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The CORNballs are still at it. Even though NEXUS Pipeline, a $2.6 billion, 255-mile interstate pipeline that runs from Ohio into Michigan, partially started up in October, and went fully online in November, the Coalition to Reroute NEXUS (CORN), along with the City of Oberlin, Ohio, is asking the D.C. Court of Appeals to reverse the Federal Energy Regulatory Commission’s original decision to approve the project. Yes, the CORNballs (our name for CORN) want to shut it all down–even though the pipeline is in the ground spreading economic cheer throughout the region, and even though all of the scary nightmare scenarios predicted by CORN and Oberlin with respect to building the pipeline have now been proven false. The CORNballs and Oberlin are sore losers and apparently have endless gobs of money for lawyers to file frivolous lawsuits in federal court. The same two groups tried this stunt in a different court, the Sixth Circuit, where the lawsuit was tossed out last March. They’ve gone court shopping to try it all again.
In October 2017, the radical Environmental Defense Fund (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 (see
It seems all of New England hates natural gas pipelines of any kind–whether large interstate pipelines to bring low-cost, clean-burning Marcellus gas into the region, or tiny new extensions of existing local distribution pipelines (the local gas company), especially after the tragedy near Boston (see 
It’s been a while since we’ve heard anything about Duke Energy’s plan to build a critically-needed natural gas pipeline near Cincinnati, OH, to replace an old pipeline built in the 1950s. We told you in April that Duke had, finally, refiled their application to build the new pipeline along an alternate route, with a few tweaks (see
LNG (liquefied natural gas) is increasingly a critical part of the natural gas picture here in the U.S.–and in the Marcellus/Utica–as in exports of LNG. This year Dominion Energy’s Cove Point LNG export terminal in Maryland came online, and early next year Kinder Morgan’s Elba Island LNG export facility along the coast of Georgia is due to go online. Not only that, we now see a trend of setting up smaller LNG facilities inland, not situated along the coast, in places like northeastern Pennsylvania (see
Antero Resources, one of the biggest drillers in the Marcellus/Utica, is also one of the best hedging companies in the business. They routinely lock in prices for their gas up to a year (or more) in advance, to ensure they make a tidy profit. And Antero averages higher prices for their gas sales than just about any other Marcellus/Utica producer. This morning Antero issued an update on their latest hedging moves, which is always interesting. But that’s not what caught our eye. They also issued a fourth quarter update. No, not for the entire fourth quarter as we still have a few weeks left in 4Q and the full, official 4Q update won’t come along until maybe the end of January. But in this interim 4Q update, we spotted the news that because of the addition of the Rover Pipeline, Antero now sells a full 30% (up from 16%) of their natural gas production to Midwest markets–markets that pay, on average, more for gas than elsewhere.
The “Beast in the East” (Marcellus/Utica) continues to roar, according to our favorite government agency, the U.S. Energy Information Administration. EIA publishes our favorite monthly report, the Drilling Productivity Report (DPR), a forecast of oil and gas production in the country’s seven major shale plays for the coming month. The latest DPR shows that the Marcellus/Utica region (called Appalachia in the report) will expand by another amazing 414 million cubic feet of natural gas production per day (MMcf/d). The increase is a response to new pipelines coming online in the region, carrying our gas to other regions where it fetches a higher price. Not only is M-U production off the charts, so is natural gas production collectively, across all the plays. EIA says that in January, production from all seven plays will go up another 1.1 billion cubic feet per day (Bcf/d), after it went up 1 Bcf/d in November (see
In December 2017, the Federal Energy Regulatory Commission (FERC) issued a final approval for the Mountaineer XPress pipeline project (see
In June 2017, MDN reported that the Fresh Water Accountability Project (FWAP), a radical anti-fracking group based in Michigan, had filed a lawsuit against the Patriot Water Treatment facility and the City of Warren, OH, claiming the two treat frack chemicals at their respective facilities that don’t get processed enough–and consequently get released into the Mahoning River (see 
A year ago, in December 2017, Virginia’s Water Control Board issued a water permit/certification for the Mountain Valley Pipeline project–a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA (see
Just last week MDN told you the first domino had fallen, when a federal judge in Pennsylvania granted the PennEast Pipeline project the right to survey and construct pipeline on a property in Carbon County, PA, the last landowner holdout in PA (see
If a deed refers to a previously reserved royalty interest where the reference identifies the type of interest created and the person to whom the interest was granted (with no other details), is that sufficiently specific enough to preserve the royalty interest under the Ohio Marketable Title Act (OMTA)? According to a decision rendered last week by the Supreme Court of Ohio, the answer is, “Yes.” In a case with its roots dating back to 1915, landowners attempted to sever royalty interests under the Ohio Dormant Mineral Act, attempting to cancel the old interest because a 1969 deed that referred back to the original deal (of one-half royalty interest) was not “specific enough.” The 1969 reference didn’t include the volume and page number of the instrument that originally created the royalty interest. In other words, it wasn’t a “Simon Says” kind of thing–it didn’t follow the exact legal standard. The current landowner tried to cancel the original royalty sharing obligation via a legal loophole.