MVP 2nd Big Win This Wk – 4th Circuit Lifts Stay of Water Permit
As we reported yesterday, EQT Midstream’s Mountain Valley Pipeline (MVP) got some excellent news–that the Federal Energy Regulatory Commission had lifted a stop-work order on the project (see FERC Lifts Mountain Valley Pipe Stop-Work Order, Rehiring). However, two clouds remain over the project, both created by the Fourth District U.S. Circuit Court of Appeals in response to lawsuits from the Sierra Club. One of those clouds is from the Fourth Circuit overturning permits issued by the U.S. Forest Service and Bureau of Land Management that allows MVP to cross 3.5 miles of Jefferson National Forest in West Virginia and Virginia (see Court Cancels Permits for Mountain Valley Pipe on Fed Land). EQT is working on resolving the issue so that USFS and BLM can reissue permits that will pass muster with the court. The other cloud appeared when the Sierra Club convinced the Fourth Circuit to suspend a permit issued by the U.S. Army Corps of Engineers that allows MVP to construct the pipeline across streams and rivers in the West Virginia. The Clubbers got the court to suspend stream and river crossings based on a technicality–that MVP could not, in the case of four river crossings, get the work done within the 72 hour period stipulated by the permit. Therefore the court suspended work at all 591 stream/river crossings the pipeline traverses in WV (see Sierra Club Succeeds in Delaying MVP Project in WV via Court Order). In early July, the Army Corps reworked and reinstated the permit as it applies to the four river crossings in question (see Army Corps Engrs Reinstates MVP Permits for 4 WV River Crossings). The good news is that the Fourth Circuit has granted a motion by the Army Corps to reinstate its permits for all stream/river crossings for MVP. Sunlight is breaking through!…
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Some good news to lighten your Thursday. The Federal Energy Regulatory Commission (FERC) issued an order yesterday allowing Mountain Valley Pipeline (MVP) to restart work on virtually all of the 303-mile project–everywhere but 28.5 miles in and around the pipeline’s path through Jefferson National Forest (about 9% of the total). On August 3, FERC told MVP to stop all construction, prompted by an order from the U.S. Court of Appeals for the Fourth Circuit vacating permits issued for the project as it crosses 3.5 miles of Jefferson National Forest in West Virginia and Virginia (see 
Two different townships in the Philadelphia area, amped-up by and using money from Big Green groups like THE Delaware Riverkeeper (aka Maya van Rossum), tried to stop Sunoco Logistics Partners’ Mariner East 2 (ME2) pipeline project by claiming it violated local zoning ordinances. The construction of ME2 is governed by the PA state Public Utility Commission and the state Dept. of Environmental Protection. It is not a federal (i.e. FERC) project. Because it is a state-oversight project, the issue of primacy (whose rules and regulations govern) resides at the state level and not at the local level. Two local townships–one in Chester County the other in Delware County–argued in separate cases before PA Commonwealth Court that local zoning regulations for siting the pipeline should still apply. Commonwealth Court, in a pair of decisions earlier this year, ruled against that view (see 
Massachusetts is throwing up more roadblocks and hoops in order to slow down (stop?) a Kinder Morgan project to expand capacity of its Tennessee Gas Pipeline (TGP) in the Springfield, Ma. area. Columbia Gas of Massachusetts and Holyoke Gas and Electric have both requested more natural gas from TGP. They need it, desperately. Kinder Morgan’s solution is to expand the delivery capability of the pipeline in the region by adding a minuscule 2.1 miles of new looping pipeline (buried next to an existing TGP pipe), upgrading a compressor station, and building a new connection, called a delivery gate. It’s a minimal project, and yet Massachusetts has just ruled Kinder will have to conduct a months (years?) long, full-blown environmental impact statement before they can do the work. Which we find strange. TGP is a federal, not state, regulated pipeline. TGP plans to file an application for the project, known as the “261 Upgrade Project” (named after Compressor Station 261), with the Federal Energy Regulatory Commission in September. Massachusetts does not have jurisdiction over the building of the project! Yet they are demanding an environmental impact study. If we were TGP, we’d tell Mass. to get lost…
We spotted a story that contains information we don’t fully understand. Columbia Gas Transmission is currently building the Mountaineer XPress Pipeline, a $2 billion, 170-mile pipeline that will flow 2.7 billion cubic feet (Bcf) per day of natural gas from existing and future points of receipt along or near the Columbia pipeline system–most of it located in West Virginia (see 
The Federal Energy Regulatory Commission (FERC) game of hardball with Energy Transfer over the Rover Pipeline has finally paid off. For months FERC has refused to allow four Rover laterals–feeder pipelines to shuttle gas from where it’s produced into the main Rover pipeline–to start up (see 
The Pennsylvania Commonwealth Court has handed PA drillers a partial victory in their quest to block onerous new drilling regulations, part of something called Chapter 78a. In October 2016, after five years in the making, PA adopted new shale drilling regulations (see 
One more piece of the Obama “legacy”–the onerous, wildly unpopular Clean Power Plan (CPP) that assassinates coal powered energy and mortally wounds natural gas in favor of so-called renewable sources of energy–is now history. Well, it will be history after a few more years of legal wrangling. Let’s say the CPP is well on its way to the garbage can of history, where it belongs. The CPP (see 
Last week MDN told you about a George H.W. Bush district court judge in South Carolina who reversed EPA Administrator Scott Pruitt’s order ending the tragedy of Obama’s Waters of the United States (WOTUS) rule (see 
Anti-fossil fuel nutters are on a holy mission to stop a 3.5-mile, 8-inch pipeline from being built under the Potomac River by Columbia Gas, from Maryland to West Virginia (see 
The Utica Shale, which underlies much of the Marcellus Shale, also underlies part of Canada’s Quebec province. From time to time we highlight news concerning the Utica in Canada. There hasn’t been much news to highlight over the years since Quebec has had a moratorium on fracking since 2012. But as we reported in December 2016, something of a minor miracle happened–the Quebec National Assembly voted to pass Bill 106, ostensibly to support Quebec’s “clean power plan” (see 
The Federal Energy Regulatory Commission (FERC) has had a change of heart–sort of–with respect to their stop-work order issued to Mountain Valley Pipeline (MVP). We previously told you that on August 3, FERC told MVP to stop all construction prompted by an order from the U.S. Court of Appeals for the Fourth Circuit vacating permits issued for the project as it crosses 3.5 miles of Jefferson National Forest in West Virginia and Virginia (see 
Work on the Mariner East 2 and 2x pipelines in West Whiteland Township, Chester County (near Philadelphia) stopped in May following a Public Utility Commission (PUC) administrative law judge’s highly questionable ruling (see 
The U.S. Senate Environment and Public Works Committee held a hearing yesterday to consider the Water Quality Certification Improvement Act of 2018 (S. 3303). Two weeks ago we told you about S. 3303, a bill that will “fix” the issue of states like New York using Section 401 of the Clean Water Act, which allows states to have a say in where interstate pipeline routes can pass through a state, from abusing that authority to block pipeline projects (see 
A new hope has emerged for Competitive Power Ventures (CPV) Valley Energy Center, a $900 million, 680-megawatt natural gas-fired electric generating plant in Orange County, NY. Last week MDN told you that at the last minute, four days before the plant was set to start up, the Andrew Cuomo-corrupted Dept. of Environmental Conservation (DEC) pulled the ultimate dirty trick and refused to renew an air permit for the plant they previously issued five years earlier (see