Biden EPA Restarts Corrupt Practice of Sue & Settle with Big Green
There is a practice called “sue and settle” used by swamp dwellers in the federal government, financed by taxpayers (you) that will make your blood boil. It’s not new. It’s been going on for years. Sue and settle was frequently used during the bad Obama years. When Donald J. Trump took over at the White House he brought in Oklahoma Attorney General Scott Pruitt to run the Environmental Protection Agency (EPA) where sue and settle was the normal routine. Scott drained the swamp and stopped the practice. Guess what? Like a bad yeast infection, the swamp dwellers are back and they’re bringing back sue and settle to the EPA. Surprised? We aren’t.
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Because of constant court challenges, the Trump administration completed a redo of the U.S. Army Corps of Engineers Nationwide Permit 12 (NWP12), a general permit used in constructing pipelines, just prior to leaving office. From the beginning of the Biden administration, anti-fossil fuel fanatics have attacked NWP12, hoping they can cancel it or otherwise make it so onerous nobody will use it (see 
The ongoing tiff between the Federal Energy Regulatory Commission (FERC) and Energy Transfer (ET) over a drilling mud spill in Ohio back in 2017 (five years ago!) has become a steamy, cheesy plotline for an episode of the TV series Dallas. We’re talking about the original Dallas series from the 1980s with Larry Hagman and storylines of “who’s jumping into bed with whom.” FERC is faulting ET for creating a company culture of drill and build fast that led to a contract worker adding diesel fuel to a stuck drill bit in an effort to work it free, fining the company a staggering $40 million for the presence of diesel in a drilling mud spill. ET says the diesel situation was the result of a rogue contract worker (a foreman) under pressure and distracted by rumors of another foreman sleeping with the wife of one of his workers. No, we’re not kidding. You can’t make this stuff up.
In what one industry watcher calls an “abrupt about-face,” yesterday all five Federal Energy Regulatory Commission (FERC) commissioners voted to pull back onerous new regulations to use global warming considerations when approving pipelines. Three Democrat FERC commissioners voted to adopt the new guidelines just one month ago (see 
The Iroquois Gas Transmission pipeline project called the Enhancement by Compression (ExC) increases horsepower at three compression stations–two in New York and one in Connecticut–by an extra 125 MMcf/d, flowing more Marcellus/Utica gas into New York City and New England (see 
While yesterday’s news that the Federal Energy Regulatory Commission (FERC), under the thumb of the Biden administration, has made a major about-face with respect to using global warming factors when evaluating pipeline projects (at least for now) is good, there is much more than can and should happen. On Wednesday four of the largest trade groups representing natural gas–the Interstate Natural Gas Association of America, the Natural Gas Supply Association, the American Gas Association, and the Independent Petroleum Association of America–sent a letter to President Biden requesting that he push his various agencies (like FERC) to go ahead and approve more LNG export plants and more pipelines.
The Pennsylvania House Environmental Resources and Energy Committee, chaired by State Rep. Daryl Metcalfe (Republican from Butler County) is scheduled to hold a meeting on Monday, March 28 to consider two proposed bills. One is a bill that would give the legislature authority to participate in any decision about adopting the Regional Greenhouse Gas Initiative (RGGI) carbon tax scheme. The other bill is a resolution that would be sent to the leftist governors of New York and New Jersey asking them to allow new pipelines to be built into and through their states, to flow more fracked PA gas.
Bitcoin “mining” is a rapidly expanding new customer for natural gas across the country, including in Pennsylvania. Gigantic computer server farms run complex mathematical computations and the result of those computations is a blockchain. When a blockchain is formed, the server farm doing the computations gets compensated with bitcoins, a form of digital money. Bitcoin (the generic term is cryptocurrency) mining uses huge amounts of electricity to run all of those computers. That’s where natural gas comes in. In PA the state Dept. of Environmental Protection (DEP) has applied different standards to different requests from bitcoin miners to set up shop. A new bill aims to fix the problem of inconsistent treatment of these requests.
If an upstream (drilling) company with a long-term pipeline contract files for bankruptcy, does that give the company the right to break its pipeline contract? A major shipper on the Rockies Express (REX) pipeline, Ultra Resources, filed for bankruptcy with the express plan to skip out on its obligations to REX (see 
It’s always a sad day when radical Big Green groups win a victory over American energy. Such has happened with the New Fortress Energy (NFE) LNG plant proposed for Wyalusing in Bradford County, PA. Three Big Green groups challenged an extension for a permit previously issued for a new liquefaction facility proposed by NFE located in northeastern PA. NFE has caved and agreed that should it proceed with the project, it will need to file all over again and get a new permit–which doesn’t look likely.
You can’t quantify it. Heck, you can’t even actually prove it’s happening. But the U.S. Securities and 
William S. Scherman worked as general counsel (the head lawyer) for the Federal Energy Regulatory Commission (FERC) from 1990-1993, during the presidency of George H.W. Bush (the elder Bush). Scherman worked in FERC when Iraq invaded Kuwait. President Bush wanted options from FERC, asap, about what the agency could do to help alleviate an energy crisis being caused by madman Saddam Hussein. Sound familiar with what’s happening today? Back then FERC went on a “wartime footing” and relaxed rules that restricted the output of traditional and alternative electric generators and granted special permission for natural gas to be produced and transported flexibly and freely nationwide. Scherman says it’s time for FERC to go on wartime footing again.