WV v EPA Could Finally Protect Country from Federal O&G Regulation
There is a clear delineation in the U.S. Constitution that says anything not specifically enumerated in the Constitution is left up to the individual states to govern and regulate. Leftists have for years tried to chip away, and under Joe Biden dynamite away, that distinction. Especially with regard to nationalizing the regulation of oil and gas drilling. The left’s favorite tool to regulate O&G is the Environmental Protection Agency (EPA), which is charged with regulating and enforcing various laws including the federal Clean Air Act (CAA) and federal Clean Water Act (CWA). In a case that will be heard by the U.S. Supreme Court next month, West Virginia v. Environmental Protection Agency, the “potential ramifications” are “profound” according to anyone and everyone paying attention.
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The West Virginia State Legislature passed House Bill (HB) 2581 on the last day of the annual WV legislative session in April 2021. HB 2581 changes how the State Tax Department values producing oil and gas wells for property tax purposes (see 
We’ve had our disagreements with Pennsylvania State Sen. Gene Yaw over the years (about a severance tax in PA), but for the past half dozen or more years Yaw, from Lycoming County, has been a stalwart champion of the PA Marcellus industry. Frankly, the shale industry could not ask for a better representative in the PA legislature. Yaw, chairman of the Senate Environmental Resources and Energy Committee, has done his best to defeat Tom Wolf’s Regional Greenhouse Gas Initiative (RGGI) carbon tax. Yaw is also promoting more pipelines in the Keystone State.
Although liberals are “dumb” in many senses–i.e. they don’t understand basic economics, they don’t understand the human yearning for freedom, etc.–they are very smart when it comes to accomplishing their twisted goals. For example, Joe Biden (a very dumb liberal) doesn’t need to outright ban natural gas-fired electric power plants across the country–something that could be undone by his successor. Instead, Biden gets various federal agencies to adopt new policies that make it impossible for new natgas projects to get investors and funding, which accomplishes the same thing–no new gas-fired electric plants. We have a coming crisis in electricity production if Biden’s policies, as stated, are implemented.
“Anti” in MDN’s parlance means “anti-fossil fuel.” Being anti-fossil fuel is a wholly insane philosophical position to take, yet many in the Democrat Party have taken that position. (Yes, we’re calling some Democrats insane.) People like Sen. Elizabeth “Pocahontas” Warren, Sen. Ed “Lackey” Markey, and Sen. “Crazy” Bernie Sanders, and others in Congress, bash away and demand the end of fossil fuels. Yet those same antis who demand an end to fossil energy have just sent a letter to the Federal Energy Regulatory Commission (FERC) demanding FERC do something to lower the price of oil, natural gas, and electricity in their blue states. Why? Because they don’t want to be voted out of office for their obviously failed policies.
Olympus Energy (formerly Huntley & Huntley) drills in the Greater Pittsburgh region, in Allegheny and Westmoreland counties. In 2021 Olympus filed an application to build a new well pad in a rural part of Allegheny County, in West Deer Township. So-called “concerned citizens” got amped up to oppose the project (see 
Since early 2015 (seven years ago!) we’ve been tracking stories about various proposals to build Marcellus gas-fired power plants in the Mountain State (see 
The Biden-controlled Federal Energy Regulatory Commission (FERC) has rubber-stamped a request by regional electric grid operater ISO New England to cancel a contract with the proposed Killingly Energy Center, a 650-megawatt, gas-fired plant slated to be built in eastern Connecticut. FERC effectively killed Killingly. ISO New England said Killingly would not get built in time to fulfill a previous power agreement it had signed. The reason for the delays? Vicious attacks by anti-fossil fuel fanatics, particularly the odious nutters of the Sierra Club. It’s quite a game antis run. They slow down and delay a project with multiple frivolous lawsuits, then get it canceled because it’s slowed down and delayed.
Five Chinese researchers recently published a study in Springer’s Environmental Science and Pollution Research International journal that claims to have identified environmental and health threats in unconventional oil and gas by analyzing old compliance reports from the Pennsylvania Dept. of Environmental Protection. The study claims to have found problems with erosion and sedimentation issues and with water pollution issues. Their conclusion is that PA fines aren’t high enough to change the bad behavior of shale drillers.
We’re not sure why this story is not the top story on all of the state and national news networks. Using the threat of withholding public money, Pennsylvania Gov. Tom Wolf outright extorted Democrat members of the PA legislature to support his odious carbon tax plan, otherwise known as the Regional Greenhouse Gas Initiative (RGGI). Before a key vote last month in the PA Legislature, Wolf offered a quid pro quo: Democrat legislators either support RGGI or Wolf will withhold approval for state funding for local projects in their districts. Why are there no investigations and demands for jail time?
In June 2020 the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA), in coordination with the Federal Railroad Administration (FRA), published final rules to allow LNG (liquefied natural gas) to be safely transported by special rail cars (see 
Atlantic Coast Pipeline (ACP) had laid 31 miles of pipeline and had cut trees for 222 miles along the 600-mile route before Dominion Energy, the builder, decided in 2020 it no longer wants to be in the interstate pipeline business, canceling ACP (see 
Some really good (and expected) news to report. The West Virginia Dept. of Environmental Protection (WV DEP) issued a key permit for the Mountain Valley Pipeline (MVP) to finish work crossing rivers and streams in the Mountain State. MVP, a 303-mile pipeline from West Virginia into southern Virginia, is currently 94% built and in the ground. There are several portions left to complete it, including crossing rivers and streams in both Virginia and West Virginia. The permits needed to do so come from three sources: the U.S. Army Corps of Engineers, the Virginia Water Control Board, and WV DEP.
In early December the Pennsylvania Dept. of Environmental Protection (DEP) agreed to allow Energy Transfer to change the way it will install the Mariner East 2 (ME2) pipeline in the Marsh Creek Lake area in Chester County, PA (see