OH Lawsuit Tries, Fails to Stop Mariner East 2 Pipeline

The Mariner East 2 (ME2) Pipeline has always been a story about Pennsylvania. Almost always. ME2 is actually two pipelines, laid side by side, that are meant to carry natural gas liquids (propane and butane) from southwestern Pennsylvania and eastern Ohio all the way across PA to the Philadelphia area–terminating at the Marcus Hook refinery/terminal. Most (not all) of the NGLs are exported to other countries. And therein lies the bone of contention. ME2 was granted status as a public utility and with it, the right to use eminent domain to force landowners to allow the pipeline across their property. Some landowners resisted, and (with help from anti groups) sued, repeatedly, claiming there is no public benefit from NGLs that get exported to other countries. They do have a point. So ME2 built four “off ramps” in PA–points where propane and butane will be purchased and used locally, which helps justify the public utility/eminent domain claim. Until now we’ve always read about lawsuits against ME2 originating in PA, where 95% of the pipeline will be built. However, there was a vigorous challenge to ME2 in Ohio on the same grounds–that ME2 is not in the public interest. That lawsuit argued, among other things, there are no “off ramps” in Ohio where the NGLs will be sold and used. However, a lower court and then an appeals court didn’t buy that argument and ruled against the landowner and in favor of ME2. That case appears dead, but it was appealed to the Ohio Supreme Court (no decision yet on hearing the case). This post will catch you up on the arguments for and against ME2 and its claim to be a public utility with the right of eminent domain in Ohio…
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We previously highlighted a video that shows the massive project underway to construct the Rover Pipeline (see
Last week MDN brought you the news that Energy Transfer’s $3.7 billion, 711-mile Rover Pipeline needs up to 15,000 workers to build it. They currently have ~4,500 workers. And they want to complete the first stage of the pipeline by July (see
The Baker Hughes rig count in the U.S. continued to rocket skyward in March. In January the average number of U.S. rigs was 683. In February, the count zoomed to 744, up 61 rigs in just a month. And in March, the U.S. rig count zoomed to 789, up another 45 rigs in a month. Each active rig translates into hundreds of jobs, both directly working at the rig and indirectly in services delivered to the rig and its workers. It also means more landowners will soon have royalty payments heading in their direction. When rigs are active, life is good. What about rig counts in the Marcellus/Utica? Disappointingly our region’s rig count lost a rig in March. PA lost two rigs, OH gained a rig, and WV stayed even. What does it all mean? It means that this zooming up in rig counts is happening in other locations–primarily in the Permian Basin in Texas. That is, oil rigs rushing to take advantage of an increase crude prices to a sustained $50+/barrel. While we’re happy the rig count is up, we’re not happy more it is not happening in the northeast. But honestly, without pipelines to take away an increase in production, can you blame our drillers? Once there is more takeaway capacity, you’ll see rig counts begin to climb again in our neck of the woods…
In January 2016, Kinder Morgan committed to building the UTOPIA (Utica To Ontario Pipeline Access) pipeline, a 12-inch ethane pipeline that will run ~240 miles across the state of Ohio where it will connect with another pipeline and (eventually) flow ethane all the way to a cracker plant in Canada (see
Nuclear power plants, which are heavily regulated, can no longer compete in the free and open market–so they’ve decided to seek new laws to protect their revenue stream. That is, they hope to use laws to do what they can’t do in the free marketplace–force electric ratepayers to fund their more expensive source of electricity, and erect barriers for natural gas-fired electric plants (i.e. “re-regulation” of the electric industry). It’s sleazy and disgusting, but it’s happening. The nuke lobby has been successful in places where there’s corruption–like New York and Illinois. Now the nuke lobby is trying it in Ohio and Pennsylvania. Will they fall next?…
Pardon me, but may I ask, How long is your lateral? We don’t mean to ask such a personal question, but in this case, size matters. You see, the longer the lateral, the more return on investment (ROI) you get–according to top officials from Eclipse Resources. Eclipse Resources, a Marcellus/Utica pure play driller headquartered in State College, PA that drills mostly in Ohio, fielded top officials at two different events this week to talk about the company’s drilling program–and their impressively long laterals. MDN editor Jim Willis heard Eclipse CEO Benjamin W. Hulburt at the Oil & Gas Investment Symposia (OGIS) in New York on Tuesday. On Wednesday, Eclipse’s vice president of drilling, Oleg Tolmachev, appeared at the Utica Upstream conference at Walsh University in North Canton. They both hit on a theme that struck a chord with us–namely, that by drilling longer lateral Utica wells, the company is drastically lowering the cost per foot of drilling–and by doing so, they raise the ROI, making their shale wells more profitable than their competitors’…
Isn’t it refreshing when those who oppose something, like fracking, or pipelines, are just honest about their true “heart of hearts” motivation? We’ve made the case for years that charlatans like Josh Fox (of Gasland infamy) attempt to manipulate public opinion through the use of lies–like “fracking pollutes water” and “pipelines explode.” They attempt to smear fundamentally safe practices like fracking through the use of innuendo, supposition and lies. What is their true motivation? They oppose fossil fuels. They believe, in a rather kindergartenish way, that solar and wind and so-called renewable energy sources are superior–and if you don’t want to pay the high price of those sources, well, they want to FORCE you to accept it. But we’re not Stalinist Russia–yet. They can’t just enforce their will on the public. So they have to convince enough of the public to believe their lies that politicians will follow suit and pass laws to strip away more of our freedoms (see
Those who oppose fossil fuels try various arguments to convince the general public that extracting oil and gas is bad for the environment. They claim (without facts or proof) that drilling pollutes the water, it pollutes the air, it does permanent damage to the environment. When faced with lack of evidence, antis slip-slide into other arguments against drilling and pipelines. An undeniable benefit from the shale industry is jobs. That includes jobs building pipelines. You need an army of bulldozers, backhoes, truckers, welders and construction workers to lay a pipeline (see today’s lead story and the awesome video of the Rover Pipeline getting built in Richland County). Antis say, “But jobs building pipelines and power plants and processing plants are temporary. They’re illusory. No long-term benefit.” We’ll never forget the powerful statement given at a hearing about the proposed Constitution Pipeline from Francis Cooney, a 28-year member of the plumber and pipe-fitters union. He said this in response to the “those jobs are temporary” meme offered by antis that evening: “For 28 years every job I’ve had has been a temporary job! My temporary jobs have put two kids through Syracuse University” (see 
We spotted an article on The Motley Fool website by one of our favorite authors, Matt DiLallo. The article shines a light on the states that produce the most shale oil. Surprisingly (for us), the Marcellus/Utica was in the list. Appreciable amounts of shale oil are coming from Ohio, Pennsylvania and West Virginia, from both the Marcellus and Utica formations. Of course the amount produced in our neighborhood pales in comparison to the enormous amounts of oil coming from the Texas Permian and North Dakota Bakken. But hey, the fact that we even show up in such a list is kind of exciting…
MDN has previously highlighted the importance of last year’s Ohio Supreme Court decision with regard to the Ohio Dormant Mineral Act (DMA). In September 2016 the OH Supreme Court ruled in three DMA cases, saying all of the other cases come under those three (see
In January 2016, the Obama Dept. of Interior posted a new rule that will make it all but impossible for oil and gas drillers to drill on federal lands (see
We are super excited to bring you an exclusive report that has just been released by MDN subscriber
The Ohio Dept. of Natural Resources (ODNR) has just issued production numbers for the fourth quarter of 2016. The bad news is that oil production continued to slide in 4Q16, down 44% from the same quarter in 2015. The good news continues to be natural gas production, which was up 14% over the same period in 2015. The even better news: Natural gas production in Ohio for all of 2016 was 1.37 trillion cubic feet, vs. 955.61 billion cubic feet in 2015. Awesome! Ascent Resources (formerly Aubrey McClendon’s American Energy) continued to dominate in natural gas production. Ascent had the top producing well in 4Q16, as they did in 3Q16. In fact, Ascent had 9 of the top 10 producing natural gas wells in Ohio during 4Q16. Gulfport Energy was the only other producer to break the top 10, with one well. Over on the oil side of the isle, Eclipse Resources once again had the top producing oil well with their Purple Hayes well–currently the longest horizontal well drilled in the United States at 3.5 miles long (located in Guernsey County). Purple Hayes is the gift that keeps on giving, quarter after quarter! Below we have the ODNR’s high level overview of the numbers, along with MDN’s own exclusive analysis showing: the top 25 producing gas wells, the top 25 producing oil wells, and then the top 25 gas and oil wells as ranked by average production per day. There is a difference…