4th Circus Clowns Punish MVP One Last Time via Eminent Domain Case
It’s clearly a case of sour grapes for the same three judges from the U.S. Court of Appeals for the Fourth Circuit (4th Circus clowns) who tried to block the 303-mile Mountain Valley Pipeline (MVP) by rendering arbitrary decisions that caused years of delays for the pipeline. We’re talking about Judge Stephanie Thacker, appointed by Barack Hussein Obama (she likes to quote from Dr. Seuss books in her opinions); Judge James Wynn, appointed by Barack Hussein Obama; and Chief Judge Roger Gregory, appointed by William Jefferson Clinton. All three are (in our opinion) corrupt and should immediately be impeached and removed from the bench. Congress finally had enough of their judicial malpractice in blocking MVP and passed a law overriding the clowns, signed into law by Joementia last June (see Equitrans Announces Mountain Valley Pipe to Get Completed in 2023). Now that MVP is on the cusp of starting operations, the three clowns took one last swipe at the pipeline they had tried to block. The judges re-inflated a jury award against MVP for an eminent domain “taking” case in the Bent Mountain, Virginia, area. Sour grapes.
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A royalty case that took nearly four years and hundreds of filings by both sides was finally decided by an Ohio jury in March (see
Here’s a strange one we don’t quite understand. Yet. Two weeks ago we brought you the news that a jury in a federal court had decided a group of Utica shale drillers, including Rice Drilling (now EQT), Ascent Resources, XTO, and Gulfport Energy, were not guilty of “unjust enrichment” by drilling into the Point Pleasant shale layer that sits immediately below the Utica (see 
In February, MDN brought readers the news that Tenaska, one of the largest privately operated companies in the U.S., is building a carbon capture and sequestration (CCS) hub spanning tens of thousands of acres in Pennsylvania, Ohio, and West Virginia (see
Yesterday, the Ohio Oil & Gas Land Management Commission (OGLMC) met to award contracts to drill under (not on) several Ohio state parks, including the 20,000-acre Salt Fork State Park in Guernsey County. Anti-fossil fuel nutters didn’t disappoint. They showed up and dressed up in burlap bags and silly hats, standing along a wall to protest against the proceeding. Fortunately, the protesters didn’t disrupt or stop the proceeding (they had been threatened with arrest if they did). The big news (for us) is that Encino Energy, which has long coveted the Salt Fork State Park property, did NOT win the contract for it! At some point, Encino pulled its proposal for Salt Fork and instead concentrated on several other parcels. The contract for Salt Fork was awarded to Infinity Natural Resources. We have the complete list of who won which contracts and how much they are paying in signing bonuses and royalties.
Earlier this week, MDN reported on a bill making its way through West Virginia’s legislative sausage-making process (see
The Pittsburgh Post-Gazette has an excellent article reporting on an effort by Tenaska, one of the largest privately operated companies in the U.S., to build a carbon capture and sequestration (CCS) hub spanning tens of thousands of acres in Pennsylvania, Ohio, and West Virginia. Landmen are “knocking on doors again” in all three states, looking to sign up landowners to store carbon dioxide deep underground. We have the details below, including how much money Tenaska is paying as a signing bonus and how much is on offer (per acre) each year.
West Virginia House Bill (HB) 4292 attempts to close a loophole affecting landowners and mineral rights owners with a conventional oil or gas well. Royalties from conventional O&G wells are typically small, as little as $40-$50 per month. Some energy companies (hopefully very few) that own the wells are intentionally late with royalty payments or outright refuse to make the payments. Because the amounts are so small, lawyers typically won’t take on a case for nonpayment of royalties. This bill aims to fix that.
Peregrine Energy Partners, headquartered in Dallas, Texas, continues a program to buy royalty rights in the Marcellus/Utica and elsewhere. We have chronicled a number of Peregrine’s M-U purchases since 2019 (
This is one of those little gems we delight in unearthing for MDN readers — especially for our landowner/rights owner readers. Researchers from the University of Rochester and the University of Pittsburgh assembled a dataset of lease deals used in the Pennsylvania Marcellus (some 60,000 of them!) and analyzed the leases for compensation and clauses that may protect landowner health and the enjoyment of their properties. The researchers used the data to produce three main findings…
A lawsuit of interest for all landowners is playing out in West Virginia between a class of landowners and EQT Corporation, the largest natural gas producer in the country. We searched our extensive archives high and low and found no mention of this lawsuit! Somehow, it has escaped our attention — until now. As these cases often are, this one is long and complicated. However, the nub of the case, the essence of the dispute, is whether or not EQT can pay royalties to landowners based on the “raw” gas that comes out of the borehole (methane plus NGLs) or whether, as the plaintiffs argue, EQT should pay royalties based on the post-processed gas and NGLs (presumably at a much higher rate).
In December, Murrysville (PA) Council members will make a decision about leasing land for shale drilling under Duff Park (234 acres) and Murrysville Community Park (305 acres). Murrysville is located in Westmoreland County in the southwestern part of the state. Olympus Energy is interested and has pitched proposals to lease under both parks, using their adjacent leased acreage (on private land) to set up rigs to drill under the parks. However, Murrysville recently sought proposals from other drillers to avoid any appearance of insider deals (see