Equitrans Files to Dismiss 2 Remaining Lawsuits Blocking MVP
Last week, the U.S. House and Senate voted to approve the Fiscal Responsibility Act of 2023, to raise the debt ceiling. President Biden signed the bill on Saturday. A section in the bill forces federal government agencies and courts to complete all necessary authorizations to finish building the 94% completed Mountain Valley Pipeline (see Equitrans Announces Mountain Valley Pipe to Get Completed in 2023). The bill removes the right of the U.S. Court of Appeals for the Fourth Circuit (4th Circuit) to hear any more cases concerning MVP. There are two current active cases before the clown judges of the 4th Circuit. Equitrans (MVP) has filed a motion to dismiss both lawsuits.
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In March, environmental radical Pat McDonnell of PennFuture, the former Pennsylvania Secretary of the Dept. of Environmental Protection (DEP), along with his best friend THE Delaware Riverkeeper, Maya van Rossum, sued McDonnell’s former agency over permits the DEP issued to Williams to build the Regional Energy Access Expansion (REAE) project (see 
Canadian-based Enbridge operates, among many other assets, the Dawn Hub in the Canadian province of Ontario. Located in southwestern Ontario, Dawn, with 288 Bcf (billion cubic feet) of gas storage, provides shippers with direct access to North America’s major supply basins–including the Utica and the Marcellus. The Dawn Hub is connected to a myriad of pipelines, including Rover and NEXUS (from the M-U region). The new news is that Enbridge has just launched an open season to expand capacity along the pipeline that runs from Dawn to both the Kirkwall and Parkway hubs near Toronto.
It literally took an Act of Congress, but the 303-mile Mountain Valley Pipeline will be, according to the builder and main owner, Equitrans, completed and online by the end of 2023. Victory!!! Finally, the good guys win one. The bulk of the credit for this significant victory goes to…House Speaker Kevin McCarthy, who listened to the Republicans of West Virginia and stuck his own neck out to ensure this pipeline project gets completed by including it in the debt ceiling bill. Yes, liberal Democrat Joe Manchin gets credit for calling attention to the plight of MVP, but make no mistake–Manchin could not seal the deal. He fumbled the ball and could not get it across the finish line for a touchdown. It was McCarthy who picked up the ball and ran with it. It was Congresswoman Carol Miller (from West Virginia) and Senator Shelley Moore Capito (also from WV) who fought and lobbied (behind the scenes). Their work aided McCarthy in securing a place for MVP in the Fiscal Responsibility Act of 2023. Hats off to the Republican delegation from WV for their success.
Will the debt ceiling bill, the “Fiscal Responsibility Act of 2023,” actually get passed? And, will it retain the sections that deal with completing the Mountain Valley Pipeline (MVP) and so-called permitting reform? That’s the gazillion-dollar question. We should know within the next day or so whether the bill, largely as written, will survive. Let’s assume, for the moment, that it does survive and gets adopted. We brought you the preliminary language of the 99-page bill yesterday (see 
Big news over the weekend. President Biden and House Speaker Kevin McCarthy agreed to a compromise deal to raise the debt ceiling–into the stratosphere. Part of the deal is a provision in the 99-page “Fiscal Responsibility Act of 2023” called Section 324, which expedites the completion of the 303-mile Mountain Valley Pipeline (MVP) project. MVP will flow 2 billion cubic feet per day (Bcf/d) of Marcellus/Utica gas from Wetzel County, WV, to Pittsylvania County, VA. Needless to say, anti-fossil fuel nutters began howling at the moon and clawing at their faces upon hearing the MVP news.
Today’s lead story shares the good news that Mountain Valley Pipeline (MVP) is finally getting a literal “act of Congress” to force its completion (see Biden-McCarthy Debt Ceiling Deal Includes Finishing MVP PDQ). One of the provisions in the “Fiscal Responsibility Act of 2023” (debt ceiling bill) removes jurisdiction to hear court cases brought against MVP away from the corrupt U.S. Court of Appeals for the Fourth Circuit and gives it to the D.C. Circuit instead. Which may not be the panacea we were hoping for. On Friday, the D.C. Circuit ruled in a case concerning MVP that has the potential to delay the project further. So much for the D.C. Circuit being MVP’s savior…
Last Thursday, a Congressman from Pennsylvania, John Joyce (a physician from Altoona, PA), introduced House of Representatives Bill (HR) 3500, called the “Mountain Valley Pipeline Completion Act” (copy below). Which we find interesting because Mountain Valley Pipeline (MVP) does not touch PA, although a PA company, Equitrans, is building it. The 303-mile MVP pipeline starts in Wetzel County, WV, and runs through WV into Virginia, ending in Pittsylvania County, VA. The project has been stalled for years due to repeated lawsuits from foreign-funded Big Green groups. HR 3500, aimed at finishing MVP, was co-sponsored by U.S. Reps. Carol Miller (R-WV), Guy Reschenthaler (R-PA), Mike Kelly (R-PA), Dan Meuser (R-PA), and Alex Mooney (R-WV). Here’s what the bill would do…
We spotted a story from Windsor, Ontario (Canada) that caught our attention. We discovered a new customer for Marcellus/Utica gas might be coming just across the border. The Independent Electricity System Operator (IESO) that controls Ontario’s electricity supply has approved a plan by Capital Power to build two more natural gas peaking units at its East Windsor Cogeneration Centre in Windsor’s Ford City. Where is Ford City? Just across the Detroit River from Detroit, Michigan, and close the Dawn Hub–a major natural gas hub that gets some of its gas from the M-U.
The American Council for Capital Formation (ACCF) is a nonprofit, nonpartisan economic policy organization that tilts to the conservative side. ACCF advocates for better (and less) regulation, innovation in energy policy, dynamic free trade, and better infrastructure policy. Yesterday the ACCF released a new study that shows the U.S. natural gas market remains “robust” and will have no problem meeting both growing domestic consumption and growing exports–all at relatively low prices. A key point made by the study is that natural gas prices can be even lower, 10% lower, for both ratepayers and for LNG customers–if the government would ease permitting delays for building new pipelines.