The Legal Dance Between States and FERC in Pipeline Approvals
MDN has enthusiastically covered the story of Millennium Pipeline’s challenge of the New York Dept. of Environmental Conservation’s (DEC) refusal to (so far) grant a federal Clean Water Act stream crossing permit for a short, 7.8-mile pipeline from Millennium to natgas-fired electric plant currently under construction in Orange County, NY. States are given a year to respond to a request for such a permit, and the DEC was long past that date. So Millennium took the DEC to court–the U.S. Court of Appeals for the District of Columbia Circuit. In June the court dismissed the lawsuit by Millennium, which at first blush may seem like a blow. But it was the reasoning and opinion of the judges in dismissing the case that will change everything in New York. The judges said there is no case because if, as Millennium says, the DEC is denying the water permits, the Federal Energy Regulatory Commission (FERC) itself has the power to jump back in and simply override NY DEC and issue the permits (see DC Court Tells Millennium FERC Can Override NY DEC Pipeline Delay). Millennium took the judge’s advice and filed a request with FERC to do just that (see Showdown: Millennium Asks FERC for Permission to Ignore NY DEC). We’re now waiting the outcome of that request. Actually, the DEC said it has until the end of this month, August, to deliver the permit–so perhaps they will do it to avoid losing their power. How does these matters get resolved between states and FERC? Why do the Appeals Courts get involved when there is a dispute? Does the state have more than just a rubber-stamp approval role when it comes to issuing stream crossing permits? A well-written article from an energy attorney explains the process (something we found very helpful in our own understanding of how these things work)…
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The Oil and Gas Industry Labor-Management Committee, led by the American Petroleum Institute (API) and North America’s Building Trades Unions, released a study this week on union pipeline employment across the county. The study outlines the many (many!) different types of jobs involved in building pipelines. You may think it’s just welders and their assistants. No way. It’s FAR more than that. Skilled tradespeople that work on pipelines include: boilermaker, carpenter, electrician, instrumentation technician, insulator, ironworker, construction laborer, millwright, operator, painter, scaffold builder, welder, and plumber, pipefitter, and steamfitter. Of special interest, however, are four occupations that traditionally play central roles in pipeline crews. Three are among the trades listed above: operators (i.e. operating engineers), construction laborers, and plumbers/pipefitters/steamfitters. The fourth is “drivers,” the occupation responsible for moving people and equipment around and between job sites. Now that the Federal Energy Regulatory Commission (FERC) has a quorum, pipeline projects will start getting approved and all of the jobs above, in the Marcellus/Utica, will pick up. Below is a copy of the full report, titled “Skilled Trades Employment in the Pipeline Industry: 2006-2015″…
Pipelines make a HUGE difference in the price drillers can get for their gas. When more pipelines get built to haul gas out of an over-saturated/producing area, like the Marcellus/Utica, the higher the price drillers can get for their gas. It’s simple Economics 101. Right now we have too much supply and not enough demand. When pipelines start flowing our gas to other markets, it the over-supply goes to places where there’s not enough supply and prices go up. This is not just theory. It’s fact. Our favorite government agency, the U.S. Energy Information Administration, has done an analysis of the price fetched for Marcellus/Utica gas for the first seven months of 2017 versus the same period in 2016. Extra/new pipeline capacity has come online in the first half of 2017. The EIA found that in the first seven months of 2016, our gas averaged a sale price of $0.76 below the benchmark Henry Hub price. In the first seven months of 2017, our gas averaged a sale price of $0.53 below the Henry Hub. The gap is narrowing year over year. That 53 cent price is a 30% improvement over last year. So yes, pipelines make a HUGE difference in the price of natural gas!…
Once upon a time it was a given that local officials (state, county, township) would obey federal laws. It’s what responsible adults do. You obey the law, even if you don’t agree with or like the law. If you don’t like the law, you work to get it changed. Ignoring the laws you don’t like is a prescription for anarchy and the end of civilized rule (a descent into tyranny). When local officials, like those in Pittsylvania County, VA willingly, enthusiastically obey the law these days (as it relates to federally-approved pipelines), it’s the exception rather than the rule. It’s noteworthy. Such is the post-Obama world we now live in. Don’t like a law? Ignore it. Break it. Subvert it. But not in Pittsylvania. Tuesday night the Pittsylvania County Board of Supervisors discussed the legal “wrangling” over easements and eminent domain for Mountain Valley Pipeline, a $3.5 billion, 303-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County. The Board was in agreement: this pipeline is a GOOD thing, and easements for it in Pittsylvania are bound and governed by federal law–not local or state laws. Residents and their representatives on the county board are not free to violate those laws. What breath of fresh Virginia mountain air!…
A brand new wireline oilfield service company called Reach Wireline has attracted an investment from private equity company Hastings Equity Partners. Reach Wireline, which is headquartered in Fort Worth, TX, either already has, or soon plans to have, operations in the DJ, Permian and Marcellus Shale plays, according to the company’s website. A wireline is a cable used to lower or retrieve equipment or measurement devices into a well for the purposes of well intervention, reservoir evaluation, and pipe recovery. Reach’s claim to fame is that it offers “leading edge greaseless cable.” The press release does not say how much money Reach received. Hastings Equity Partners focuses on investing in lower middle market energy services and equipment companies in the U.S. Hastings formed their “Hastings Equity Fund III” in 2014 with $172 million of commitments. Since that time Hastings has invested in a number of companies. Reach is the latest…
Constant frivolous lawsuits against legal, legitimate businesses performing a valuable service for society is having a corrosive effect on our legal system. That’s the thought that hit MDN as we read, yet again, about lawsuits and actions against pipelines in Virginia and West Virginia. In Virginia, radicals from the Blue Ridge Environmental Defense League are pressuring the state Attorney General to get involved to try and stop Dominion’s Atlantic Coast Pipeline–a $5 billion, 594-mile natural gas pipeline that will stretch from West Virginia through Virginia and into North Carolina. In West Virginia, the Sierra Club and several other far-out-on-the-left fringe groups are suing the state Dept. of Environmental Protection for having the audacity to evaluate and then approve the Mountain Valley Pipeline project there. Mountain Valley is a $3.5 billion, 303-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County. This ongoing barrage of lawsuits and actions are meant to delay these projects–to give antis more time to whip up opposition and to figure out how to legally (or illegally) stop them. Yes, antis often engage in illegal activities when they disagree with a lawful activity, like building a pipeline. All of these legal machinations tie up our courts and, in our opinion, corrode our legal institutions, causing irreparable harm to pipeline companies. It’s time to fight back and hold these groups (and individuals) accountable. Make them PAY (money) for their strategy of delay. Only when we hold people accountable for their actions will this mess stop…
Energy Transfer Partners (part of Energy Transfer Equity) is the company that built the Dakota Access Pipeline (now flowing, thankfully). They are also the pipeline company building both the Rover Pipeline in Ohio and Michigan, and the Mariner East 2 natural gas liquids pipeline from eastern Ohio across Pennsylvania to the Philadelphia area. Big company, big projects. ETP recently sold off 32% of the Rover project to Blackstone for $1.57 billion (see 
Necessity is the mother of invention. Over the past year or so we’ve chronicled the dramatic increase in the amount of sand used in fracking. Recently we told you that Chesapeake Energy drilled what we believe to be the highest-producing Marcellus well (so far), with an initial production of 61 million cubic feet per day of gas (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 
It was only two days ago MDN told you that a Marcellus gas-fired electric plant planned for Lawrence County, PA appears to be active and moving forward once again (see 
In January MDN told you that Italian company Pietro Fiorentini had signed paperwork to buy land to build a $9 million factory in Weirton, WV (see 
Mountain Valley Pipeline (MVP) is not taking a ludicrous, outrageous lawsuit by anti-pipeline residents from West Virginia and Virginia lying down. They are fighting mad as recent court filings show. 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 lawsuit was filed in federal court at the end of July to block the MVP project (see 
In May 2012 a water truck driver delivering water to an Anadarko Marcellus Shale well pad in Clinton County, PA missed a turnoff for the road he was supposed to take, at 2:30 am in the morning. A couple of miles later he crashed and tragically died because the road he was on was not marked well and not conducive to the truck he was driving. There was a sign warning the driver not to go beyond a certain point. The driver had previously–that night–already delivered to the well pad and successfully turned onto the road he was supposed to take. Why did he miss it the second time? His widow maintains that even though he worked for a subcontractor, Anadarko was the company in charge and should have had a light illuminating the “No Anadarko Traffic Beyond This Point” sign. So she sued Anadarko, and the subcontractor, for wrongful death. Lower courts threw out the lawsuit but a federal appeals court reinstated a civil suit against Anadarko (see 
Pipeline companies face enormous governmental roadblocks when it comes to building new pipelines. “Red tape” doesn’t begin to describe the hassles they face in going from government agency to government agency in order to build an interstate pipeline. Yesterday, with the stroke of a pen, President Trump helped correct that situation. Trump signed a new executive order that will speed up approvals of permits for highways, bridges, pipelines and other major building efforts by shortening the time for environmental reviews. Trump’s executive order (full copy below) revokes an idiotic Obama executive order aimed at reducing exposure to flooding, sea level rise and other consequences of mythical climate change. Obama intentionally screwed things up and created long delays. Trump is fixing it. The American Petroleum Institute and business groups applauded the new EO and said it will directly translate into more jobs…
According to a recent column on WorldOil.com, you can thank the recent downturn in oil and gas prices with producing the lean, mean drilling machines we have today. Because of the downturn, only the “most mechanically sharp, efficient and best-equipped drilling rigs and crews were left operating in the downturn.” The result? It created “the A-Team.” The rigs and crews operating now drill twice as fast at half the cost of just a few years ago. According to Chesapeake CEO Doug “the ax” Lawler, “We don’t need to run 175 rigs anymore. Forty or 50 rigs can deliver the same volume today.” Our point: Today we have far fewer rigs operating, but they’re producing far more oil and gas than they ever have. Welcome to the world shale created…
Pennsylvania Rep. Jason Ortitay, Republican from South Fayette (Washington & Allegheny Counties), PA who replaced Jesse White in January 2015 (see