Analysis of New WV Bill SB 576 re Co-Tenancy & Joint Development
Yesterday MDN reported on a new West Virginia bill (Senate Bill 576) that aims to bring both the drilling industry and rights owners together to support co-tenancy and joint development–which are stripped down pieces of previous forced pooling bills that failed in the past (see WV Sen. Charles Trump Introduces New Co-Tenancy, Joint Dev Bill). As we previously reported, Senate Bill 244 was introduced in February to address co-tenancy and joint development (see WV Senate Bill 244 Introduced for Co-Tenancy & Joint Development). That bill went nowhere due to strong opposition from rights owners, including the West Virginia Royalty Owner’s Association (WVROA). SB 576 was meant to meet rights owners in the middle, to address their concerns. But as we mentioned yesterday, WVROA is not supporting the new SB 576 either. Although we included a copy of the bill in yesterday’s post, we did not have a detailed analysis of SB 576 vs SB 244. We now have some expert analysis from the legal beagles at top energy law firm Babst Calland…
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As MDN previously reported, perhaps the biggest energy-related issue for this year’s session of the West Virginia 60-day legislative session will not be a bill on forced pooling. Instead, the West Virginia Oil and Natural Gas Association (WVONGA) is pushing a legislation on co-tenancy and joint development (see 
In August 2015, MDN told you about a lawsuit brought by a group of left coast radicalized children who want to force the federal government to become communist and “force action” on mythical climate change (see 
President Trump has issued a number of Executive Orders to overturn some of the egregious over-regulation that popped up during the reign of terror known as the Obama Administration. Some of the orders encourage new pipeline development (Keystone XL and Dakota Access). Some “require” American-made pipelines to be used when building new pipeline projects. Some roll back truly onerous regulations like Waters of the United States (WOTUS)–which puts all bodies of water down to the size of mud puddles under EPA authority. Trump has been going great guns. But, those orders may not be a slam dunk, given our court system populated with Obamadroids. Here’s four things to consider, to be aware of, when it comes to Trump’s Executive Orders and directives aimed at the energy industry…
Three years ago in the closing hours of the 2014 legislative session, WV legislature passed SB373, the “storage tank” bill (see 
Is there still a market need for the NEXUS Pipeline project? That is the $2 billion question. Last December, the Federal Energy Regulatory Commission issued a positive final Environmental Impact Statement (see 
The Delaware River Basin Commission (DRBC), charged with overseeing potential impacts on the Delaware River and the various tributaries that feed it, has stepped outside of its legal bounds with plans to review the PennEast Pipeline, part of which will run through the Delaware River Basin area. In 2014 the DRBC tried to tell PennEast and its sponsors that the pipeline will need their approval before it can be built (see 
There are a few last, desperate gasps at attempting to stop Sunoco Logistics Partners’ Mariner East 2 natural gas liquids (NGL) pipeline from being built. The pipeline is currently under construction (see 
The Pennsylvania Dept. of Environmental Protection (DEP) says 2,400 staffers and $728 million (proposed for 2017-2018) isn’t enough. More! Feed me! I need more!! Appearing at a budget hearing yesterday with state legislators, Acting Secretary of the DEP Pat McDonnell cried the blues. The DEP is authorized, according to last year’s budget, to have 2,700 employees, but McDonnell says the agency currently has 2,400. Not sure what the 300 difference is about. But, whatever. He also says the federal EPA is about to whack the money it hands out to state agencies, including the DEP, and that has McDonnell concerned…
Just as MDN was putting today’s list of stories to bed, news broke that President Trump plans to nominate Jones Day attorney Kevin McIntyre as chairman of the Federal Energy Regulatory Commission (FERC), and nominate Neil Chatterjee, senior energy adviser to Senate Majority Leader Mitch McConnell, as a member. There are currently three vacancies. No word on a third nominee and (so far) The White House is mum on the leak about McIntyre and Chatterjee. Here’s the leak, from Bloomberg…
Not long after the Pennsylvania legislature passed the Act 13 Marcellus Shale drilling law in 2012, signed into law by then-Gov. Tom Corbett, seven selfish towns sued, claiming they should have the right (via zoning laws) to determine just where an oil and gas well can be located within their borders. The challenge was brought by rabid anti-drillers and appealed all the way to the PA Supreme Court, where unfortunately the antis won (see 
On Feb. 3, the Federal Energy Regulatory Commission (FERC) approved a long-delayed project–National Fuel Gas Company’s (NFG) Northern Access 2016 pipeline project (see 