Regulation

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    New Lawsuit Against Mountain Valley Pipe Seeks to Emasculate FERC

    In June, a group of radical “environmental” organizations filed a lawsuit in the U.S. Court of Appeals for the Fourth Circuit against the West Virginia Dept. of Environmental Protection–for doing their job (see Radicals File Lawsuit Against WV DEP for Approving MV Pipeline). Sierra Club, West Virginia Rivers Coalition, Indian Creek Watershed Association, Appalachian Voices and Chesapeake Climate Action Network sued the DEP because the department had the audacity to conduct a thorough review, and then issue a stream and water-crossing permit (demanded under federal law) for the Mountain Valley Pipeline (MVP). 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 second lawsuit has now been filed in federal court to block the MVP project–this time from anti-pipeline residents from West Virginia and Virginia. This second lawsuit is even more insidious than the first. The new lawsuit, filed in U.S. District Court in Roanoke, VA (full copy below), seeks to block the Federal Energy Regulatory Commission (FERC) from doing its job by issuing a certificate to approve MVP. The suers claim FERC would be violating the U.S. Constitution by approving a private project that “takes” private land without just compensation. The suers maintain that according to the Constitution, land can only be taken for “public use” and that the pipeline is for private use, not for the public good. That’s the claim. If these virulent antis win this case, it would emasculate FERC–take away its authority to approve major interstate pipeline projects. We don’t give the case much of a chance, but hey, one never knows…
    Read More “New Lawsuit Against Mountain Valley Pipe Seeks to Emasculate FERC”

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    Antis Oppose Tiny Pipeline Thru Scrub Pines in N NJ at Hearing

    In January 2016, MDN told you about a $130 million, 30-mile natural gas pipeline proposed by New Jersey Natural Gas (NJNG) to connect NJNG’s distribution system serving customers in Ocean, Burlington and Monmouth counties (in NJ) and the interstate pipeline system adjacent to the New Jersey Turnpike. The idea came about after Superstorm Sandy. How can NJNG create reliable natgas service in the region, preventing major disruptions like that which happened after Sandy? The “Southern Reliability Link” pipeline project was the result, and in January the NJ Board of Public Utilities (BPU) approved it 5-0 (see Southern NJ NatGas Pipeline Approved by State BPU). Because its natural gas and because the Sierra Club has an irrational hatred of all fossil fuels (and loads of money to burn), the nutjobs from the Sierra Club threatened to sue to stop it. Stop 30 miles of pipeline that would improve the lives of hundreds of thousands of people. They made good on their threat in April 2016 (see Radical Sierra Club Sues NJ to Stop Much-Needed NatGas Pipeline). A fair bit has happened since that time. A state appellate court told the Pinelands Commission, which oversees a protected area of pine trees stretching from northern to southern NJ, that the Commission would have to have public participation (i.e. a public hearing) before the Commission could approve the pipeline plan. So the Pinelands Commission held a hearing this past Wednesday, with a predictable result. Sierra Clubbers and other virulent anti-fossil fuel freaks turned out in droves to badmouth the project. Over some 15 miles of pipeline that would pass through a stand of scrub pines…
    Read More “Antis Oppose Tiny Pipeline Thru Scrub Pines in N NJ at Hearing”

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    Investment Firm Opposing Trumbull Energy Center Slinks Out of Mtg

    Last week MDN told you about opposition from a neighbor in an industrial park in Lordstown (Trumbull County, OH) to a proposal by Clean Energy Future to build a second natural gas-fired electric plant next door to one already under construction now (see Investment Firm Threatens 2nd Lordstown Electric Plant, $30B @ Risk). The two Lordstown Energy Center plants will result in an estimated $60 BILLION of economic activity locally–a staggering number. Inexplicable opposition from Vienna Investments, the landlord/owner of a building that houses a car seat manufacturer in the industrial park where the plants will get built, is threatening to block the second plant, putting $30 billion in jeopardy. The Ohio Power Siting Board (OPSB) held a public hearing at the local high school on Tuesday night, to accept public comments on the second power plant. Residents from around the community turned out in force–to support the project. More than 200 people crammed the auditorium (standing room only). Of the 25 who spoke, only a few expressed mild concerns about the project–about water runoff in a local creek. Yes, there were two representatives from Vienna Investments (attorneys)–both registered to speak. According to an eye witness MDN had on location, “they retreated from the room quietly and did not speak when their names were called.” Our source speculates they elected to not talk after hearing overwhelming support from the crowd. Cowards. Hopefully the overwhelming support shown by the local community will put the issue to rest, and Ohio will approve the second project without delay…
    Read More “Investment Firm Opposing Trumbull Energy Center Slinks Out of Mtg”

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    Corrupt NY DEC Fires Back at Millennium, Claims Deadline is Aug 30

    Yesterday MDN brought you the exciting news that Millennium Pipeline has asked the Federal Energy Regulatory Commission (FERC) to overrule the New York Dept. of Environmental Conservation–politicized and corrupted by Gov. Andrew Cuomo–and issue permission to commence construction of a very small 7.8 mile pipeline that will connect Millennium to a natural gas-fired power plant now under construction in Orange County, NY (see Showdown: Millennium Asks FERC for Permission to Ignore NY DEC). According to the law as written, if a state (like NY) does not act on a federal Section 401 Water Quality Certification stream crossing permit for 12 months, FERC has the right to step back in and issue the certificate. It would totally emasculate the corrupt DEC. But hold on. The DEC is once again using sleazy political tactics to try and forestall FERC from taking action. On Tuesday the DEC filed a letter with FERC requesting they hold off on granting Millennium permission to build–based on a technicality. Millennium first filed their application with the DEC 19 months ago. But the DEC says the initial application was “incomplete” and that the completed application, refiled by Millennium, didn’t happen until months later–and if you count the time from the refiled application, the DEC has until August 30th to issue the 401 water permit. And DEC says they will rule by or on August 30th. In a somewhat comical typographical error, the final paragraph of the DEC letter to FERC begins this way: “For the above reasons, I respectfully urge the Director of OEP to deny Millennium’s Request, or, alternatively, place the Request in abeyance until August 31, 3017…” Did you catch that? August of “3017.” Freudian slip? We’re sure the DEC would love FERC to delay a decision for another 1,000 years…
    Read More “Corrupt NY DEC Fires Back at Millennium, Claims Deadline is Aug 30”

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    Bent Mtn Money Talks – VA DEQ Adds ‘Informal’ Hearings on MVP

    For some time we’ve covered opposition to the proposed Mountain Valley Pipeline (MVP), a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA. One of the hotbeds of opposition is in the Bent Mountain area of Roanoke County, VA (see our Bent Mountain stories here). Local gentry (i.e. wealthy) landowners have tried to involve local police to prevent surveyors from entering their property. It’s actually legal for surveyors to enter any landowner’s property–with advance notice. In one case the surveyors outsmarted the landowners by turning up at the crack of dawn (see MVP Surveyors Outsmart Va. Landowners, Survey at Crack of Dawn). That didn’t sit well with croissant crowd in Bent Mountain. After running our stories about Bent Mountain, we had a rather vicious email from one reader who claimed the people opposing MVP were just po’ folk, like the mythical Walton family, who have lived there for generations. Hogwash. If you check out Realtor.com you’ll see most of the houses listed for sale in Bent Mountain are going for more than half a million dollars. Three acres of land will run you $100,000–for just a building lot! Poor my foot. So it was no surprise for us to learn that Bent Mountain money talks. The Virginia Dept. of Environmental Quality (DEQ) has scheduled two public hearings for MVP–nowhere near Bent Mountain–on August 8th & 9th. A couple of local House of Delegates representatives objected and scheduled two of their own meetings–in the region. The House members somehow pressured the DEQ into agreeing to attend. In fact, a DEQ rep, “will offer opening remarks, answer questions and accept written comments” at the meetings. In other words, this will be an unofficial, official DEQ hearing for MVP, brought to you by the big money in Bent Mountain…
    Read More “Bent Mtn Money Talks – VA DEQ Adds ‘Informal’ Hearings on MVP”

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    NEXUS Pipeline Startup Slips to 2018 Due to Quorumless FERC

    NEXUS Pipeline is a $2 billion, 255-mile interstate natural gas pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada. NEXUS was one of the large pipeline projects left out of a list of pipelines that received final Federal Energy Regulatory Commission (FERC) approval back in early February, just prior to FERC losing a quorum of voting members (see In FERC’s Game of Musical Chairs, NEXUS Pipeline Left Standing). As soon as FERC has a quorum, NEXUS is ready to build (see NEXUS Pipe Revved Like a Race Car, Waiting for FERC Green Flag). However, new FERC commissioners are being held up in a final Senate vote by vicious Democrat Chuck “the schmuck” Schumer. He refuses to allow the Senate to vote on members already approved and ready to start. Because of Schumer’s delay tactics with FERC commissioners, DTE Energy, the main sponsor of NEXUS, had to admit on a quarterly analyst phone call yesterday that the timeline for NEXUS to get built and be online has now, officially, slipped into 2018…
    Read More “NEXUS Pipeline Startup Slips to 2018 Due to Quorumless FERC”

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    Showdown: Millennium Asks FERC for Permission to Ignore NY DEC

    This is it folks. This is the case that will crush New York Gov. Andrew Cuomo’s blockade of important pipeline projects in the Empire State. For 19 months the New York Dept. of Environmental Conservation (DEC) has dithered around, at the prompting of Andrew Cuomo, and has refused to grant federal Section 401 Water Quality Certification stream crossing permits for a tiny 7.8 mile pipeline spur off the Millennium Pipeline in Orange County, NY, called the Valley Lateral Project, to feed a gas-fired electric generating plant that is now under construction. Statutorily NY has 12 months (1 year) to review such an application and act on it. NY has refused to act on it. So Millennium took the NY DEC to 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, 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). Last Friday Millennium pulled the trigger and did it–they sent an official request to FERC (copy below) that outlines their Herculean efforts to work with NY DEC over the past 19 months, and asks FERC to move forward with permission to build the pipeline anyway–IGNORING THE DEC. If FERC agrees (and we think they will), NY DEC is about to become irrelevant in ALL FERC-approved pipeline projects they are blocking, including the Williams Constitution and National Fuel Gas Northern Access projects…
    Read More “Showdown: Millennium Asks FERC for Permission to Ignore NY DEC”

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    PA Enviro Judge Puts 2-Week Pause on ME2 Pipeline Drilling

    Anti-fossil fuelers who irrationally hate anything to do with natural gas, including the super-safe pipelines that flow it, have found a sympathetic judge inside the Dept. of Environmental Protection’s Environmental Hearing Board to side with them in a campaign to stop the Mariner East 2 pipeline project. At least temporarily. Yesterday Environmental Hearing Board Judge Bernard Labuskes, Jr. issued an order stopping all underground horizontal directional drilling (HDD) across PA related to the ME2 project. The order affects some 55 different locations where HDD is being used. Headlines in left-leaning anti pubs like StateImpact Pennsylvania and the Pittsburgh Post-Gazette mislead people into thinking ALL construction of ME2 has stopped. That is manifestly untrue. The only thing stopped, for the next two weeks, is HDD. The other 90% (or more) of the project, which is digging trenches for the twin pipelines, continues. Only in locations where ME2 must drill underground–say under a stream or roadway–are affected by the judge’s order. The order is in response to an appeal by radical Big Green groups, including the anti-fossil fuel Clean Air Council (of Philly), THE Delaware Riverkeeper (Maya van Rossum), and Mountain Watershed Association (see Antis’ Fake Outrage at ME2 Construction “Spills,” Demand Stop Work). Although temporary, this two-week pause is troublesome and problematic because Big Green groups have convinced a DEP judge to hear a case that ultimately aims to stop the ME2 project…
    Read More “PA Enviro Judge Puts 2-Week Pause on ME2 Pipeline Drilling”

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    Youngstown Frack Ban Vote on November Ballot – for 7th Time

    In May, MDN told you that virulent anti-drillers in Youngstown, OH, puppets of the Community Environmental Legal Defense Fund (CELDF), have once again circulated a petition to put a so-called Community Bill of Rights ballot measure on the ballot this November (see Youngstown Antis Seek to Legalize Anarchy with 7th CELDF Petition). The same people have tried six times before–and the ballot measure failed every single time. However, as we pointed out, this time is different. In addition to the usual no fracking, no pipelines pablum, this 7th petition has language that makes it legal to break the law. You read that right. If the ballot measure were to pass, and if an anti got it into her head to sit in front of a bulldozer that was about to clear ground for a wellpad, or dig a trench for a pipeline, the police would not be able to arrest and remove the anti. It would be within her rights to sit there and block legal, legitimate activity–all in the name of saving the planet. It would create mob rule. The sad (and new) news is that the petition has garnered enough signatures and officially will appear on the ballot this November…
    Read More “Youngstown Frack Ban Vote on November Ballot – for 7th Time”

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    WV DEP Orders Rover to Stop Pipe Construction in 2 of 4 Counties

    Rover Pipeline has had trouble with the Ohio Environmental Protection Agency (OEPA). The OEPA has jumped on Rover’s back and hasn’t gotten off–over spills of drilling mud and mishandling (according to OEPA) torrential rainwater that ended up in Rover trenches, which Rover pumped out, flooding local farmers’ fields (see OEPA & Rover at Odds Over Storm Water Runoff, “Fine” Now $714K). The OEPA also claims diesel fuel was found in some of the spilled drilling mud (see OH EPA Says Diesel Fuel Found in Rover 2M Gal Drilling Mud Spill). OEPA got the Federal Energy Regulatory Commission (FERC) involved, asking FERC (the agency in charge of oversight) for help in reigning in Rover. FERC did just that, shutting down some of Rover’s activities while it (FERC) investigates. Now Rover is getting grief from the West Virginia Dept. of Environmental Protection (WVDEP). The WVDEP issued water pollution control permits for the project, and now says Rover has violated the conditions of the permits and must cease and desist “land development activity until such time when compliance with the terms and conditions of its permit and all pertinent laws and rules is achieved.” The issue appears to revolve around handling of storm water runoff (one of the issues in Ohio). Construction of Rover in Doddridge and Tyler counties has stopped, but construction continues in Hancock and Marshall counties…
    Read More “WV DEP Orders Rover to Stop Pipe Construction in 2 of 4 Counties”

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    Harrison County, WV NatGas Electric Plant Close to Final Approval

    In June the West Virginia Public Service Commission held a public hearing in Clarksburg, WV on the proposed ESC Harrison County Power Plant project (see Public Hearing Held for Harrison County, WV NatGas Electric Plant). ESC (Energy Solutions Consortium ) was founded by father and son team Andrew and Matthew Dorn, based in Buffalo, NY. The Dorns are behind a series of WV natgas-fired electric plants, the first of which will get built in Marshall County (see Progress for 3 WV NatGas Electric Plants; 1 Breaks Ground in 2016). At the public hearing, about the only person to speak against the project was the predictable nuts from the Sierra Club–opposed because they claim it will contribute to man-made global warming. Whatever. The time for public comments to the PSC is now over, and the PSC reports receiving 540 positive comments–and one negative comment. What does that tell you? The project still needs a few more permits (air and water) and is jumping through multiple government hoops now. However, ESC plans to have everything in hand, and the project bidded out, by the end of this year–with construction beginning early next year. Here’s an update on this vitally important, $600-$800 million project…
    Read More “Harrison County, WV NatGas Electric Plant Close to Final Approval”

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    Anti Groups Panic, Demand Govs Ban Fracking in Dela. River Basin

    Radical anti-fossil fuelers with THE Delaware Riverkeeper and New Jersey Sierra Club, along with a mish mash of other fringe “environmental” groups, are becoming shrill in their demand that fracking be permanently banned in the Delaware River Basin. Riverkeeper, Sierra Club and other nutjob groups are this week delivering a petition they claim has over 63,000 signatures (many of them made up or dead) calling on the governors of the four states that are part of the Delaware River Basin Commission (DRBC) to vote to permanently ban fracking in the DRBC’s jurisdiction. Each day this week the group of, whatever you call them, are delivering the petitions in staged media events, in each state capital. These groups have wanted and lobbied for a permanent ban for years. Why push so hard for it now? What’s the urgency? Why go on the road now to demand an outright ban? There is only one reason we can think of for why these radicals are pushing so hard now: they are running scared, concerned that a lawsuit by a Wayne County landowner in federal court will go against the DRBC and finally force the issue, allowing fracking (see Wayne County Landowner Files Brief in Case Against DRBC Frack Ban). Once fracking begins in the Delaware River Basin–and let us assure you, it will–and once everyone sees that fracking is safe and has zero impact on drinking water supplies, the lie anti-frackers have pedaled since Josh Fox and Gasland will be exposed for all to see. That’s why they are in a panic, “demanding” that fracking be banned, NOW. They need to get it banned before the judge makes a decision to allow it…
    Read More “Anti Groups Panic, Demand Govs Ban Fracking in Dela. River Basin”

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    Judge Temporarily Stops ME2 Valve Station in West Goshen

    West Goshen Township, in the Philadelphia suburb of Chester County, has won a short-lived, temporary victory in their efforts to stop Sunoco Logistics’ Mariner East 2 NGL pipeline in its community. Last March MDN told you about the desperate last stand taken by liberal anti-pipeliners in West Goshen (see West Goshen’s Last Stand to Stop Mariner East 2 Pipeline). West Goshen signaled it would deny Sunoco a zoning permit for a valve on the pipeline. Sunoco politely, but firmly, told West Goshen the pipeline doesn’t need a permit from the town to install a valve because it’s a state-permitted project. Sunoco said it would move forward at the appropriate time with a valve installation. In early July, West Goshen tried again, by filing a 135-page petition with the state Public Utility Commission on Monday, asking the PUC for an emergency order to stop construction of the new valve station that Sunoco is set to begin work on any time (see West Goshen Pulls Legal Stunt in Attempt to Stop ME2 Pipeline). But the PUC responded “no thanks” (see PA PUC Rejects West Goshen Appeal, ME2 Building Valve Station). So West Goshen appealed it and now an administrative law judge has put a temporary halt on building a new valve station. The whole issue seems to revolve around which side of the road to build the valve station. West Goshen wants it built next to an existing, Mariner East 1 valve station, but Sunoco wants to build the new station across the street, citing safety concerns…
    Read More “Judge Temporarily Stops ME2 Valve Station in West Goshen”

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    Atlantic Sunrise Pipe Rally: ‘Time to Kick Politicians in the Ass’

    Last Thursday some 450-500 supporters, oil and gas industry workers and politicians gathered at the Shadowbrook Golf Course in Wyoming County, PA to express support for Williams’ $3 billion, 198-mile Atlantic Sunrise Pipeline project, most of which will get built in northeast Pennsylvania. The event was organized and sponsored by Cabot Oil & Gas, one of the major beneficiaries of the pipeline, and Williams, which will build and operate the pipeline. The overall purpose of the event was to give a metaphorical kick in the rear-end of Gov. Tom Wolf and his Dept. of Environmental Protection (DEP), which appears to be intentionally dragging its feet with granting stream crossing permits–about the only thing left before the backhoes fire up and start digging. The event, held from noon to 2pm, began with lunch–barbecue pulled pork and chicken–followed by a series of short speeches by political leaders from the region. With people gathered at tables, and some standing, a half dozen speakers stood on a giant flatbed trailer underneath what has to be the biggest American flag MDN editor Jim Willis has ever seen, hoisted and held between two large cranes (see the pic). The upshot of the speeches can best be summarized in a single statement delivered by Alan Hall, Chairman of the neighboring Susquehanna County Board of Commissioners, when he said: “It’s time to kick the politicians in the ass and get this [pipeline] done.” There were some other great one-liners too…
    Read More “Atlantic Sunrise Pipe Rally: ‘Time to Kick Politicians in the Ass’”

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    Atlantic Coast Pipeline Gets Favorable Final EIS from FERC

    Click for larger version

    Last Friday the Federal Energy Regulatory Commission issued a favorable final environmental impact statement (EIS) for Dominion’s $5 billion, 594-mile Atlantic Coast Pipeline (ACP)–a natural gas pipeline that will stretch from West Virginia through Virginia and into North Carolina. The final EIS found that although some of the proposed pipeline will create adverse environmental conditions, those things can be minimized or avoided. According to Dominion, the favorable EIS clears the path for a final approval–once FERC has a quorum available to vote. The EIS also covers a second-but-related project to ACP, the Supply Header Project (SHP). SHP is a $500 million project of approximately 38 miles of natural gas pipeline and modified existing compression facilities in West Virginia and Pennsylvania. The project will provide natural gas supplies to various customers, including the ACP, allowing the transport of natural gas from supply areas in OH, PA and WV to underserved market areas in Virginia and North Carolina. Below is a copy of the EIS, along with descriptions of what will get built for both ACP and SHP…
    Read More “Atlantic Coast Pipeline Gets Favorable Final EIS from FERC”

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    PA DEP Fines ME2 Pipe $87,600 for Single Violation, More Coming?

    Apparently under pressure from environmentalist wackos, last Friday the Pennsylvania Dept. of Environmental Protection (DEP) issued a statement that says, in essence, we’re on the back of Sunoco Logistics over problems with construction the Mariner East 2 Pipeline. Gov. Wolf and DEP Secretary McDonnell both felt it necessary to voice their “concerns” over some of the episodes that have happened with construction the twin Mariner East 2 NGL pipelines that will stretch from eastern OH to the Philadelphia area. According to the announcement, the DEP has so far issued 4 “Notices of Violation” and 1 “Consent Order and Agreement” with a fine of $87,600 for “inadvertent returns” (what we call leaks) of drilling mud and water at an underground horizontal directional drilling (HDD) location in Cumberland County, PA. To the best of our knowledge, this is the first we’ve heard of that spill. It was actually a series of spills (or leaks) over a number of different days. All told, some 160,000 gallons of drilling fluids came out of the ground at that location. In addition, the DEP released a table outlining 49 incidents–some just a few gallons, others several hundred (or several thousand) gallons of drilling fluid leaks. We have the list of 49 problem areas below, the details on the Cumberland County leaks, and the DEP announcement…
    Read More “PA DEP Fines ME2 Pipe $87,600 for Single Violation, More Coming?”