PA Supreme Court Upholds ME2 Right to Use Eminent Domain
One of the ways anti-fossil fuel groups have tried to stop the Mariner East 2 Pipeline project is by tying it up in court. Various lawsuits have been filed going back years. One litigant, a Big Green group headquartered in Philadelphia, the so-called Clean Air Council, has tried repeatedly to get the courts to deny ME2 the right to use eminent domain in cases where landowners refuse to cooperate (see Clean Air Council’s Strange War Against Mariner East Pipeline). CAC argued that ME2 is not a “public utility” and therefore not entitled to the use of eminent domain. That argument flamed out. In May, PA’s Commonwealth Court ruled that yes, ME2 is a public utility entitled to use eminent domain if it needs to (see PA Court Rules ME2 Pipe has Power of Eminent Domain, Period). CAC had one last card to play, taking the case to the PA Supreme Court. They played it, and lost.
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The Pennsylvania Dept. of Environmental Protection (DEP) issued 269 permits for Marcellus (and possibly a few Utica) shale wells in October and November. The Ohio Dept. of Natural Resources (ODNR) issued 22 permits in the Utica/Point Pleasant shale play in October, and 11 permits in November (as of Nov. 17). That’s over 300 new shale wells between the Marcellus and Utica in the most recent two months–a strong showing. Farm and Dairy, a 100+ year-old publication serving the rural communities of Ohio, Pennsylvania and West Virginia, recently tabulated the permit numbers for western PA and eastern OH, down to the county level. Here’s what the numbers show.
This is the kind of news we love to share! Keystone Clearwater Solutions, which was once majority owned by Rex Energy until they sold it to American Water Works in 2015 (see 
Every three years the Pennsylvania Dept. of Environmental Protection is required, by state law, to produce an update to the state’s so-called Climate Action Plan. The fact that they have such a plan boggles the mind–a plan to address global warming (the operative word being “global”) from one state. To be fair, a number of states and even large cities also have such plans. These plans are all arrogant nonsense. No entity, especially not a single state, can do a darned thing to affect the temperature of Mom Earth, but they pretend they can. And they use the existence of such plans as a manipulative political tool to force policy changes that inflict great economic harm on their citizens–all in the name of saving the planet. They’ve brainwashed our children into believing we’ll die if we don’t give up fossil fuel use. The DEP recently released their triennial update, and it’s as crazy as ever.
It’s the birth of a brand new pipeline expansion project. Several weeks ago Williams pre-filed with the Federal Energy Regulatory Commission (FERC) to make certain upgrades (all of them in Pennsylvania) to its mighty Transco Pipeline. The upgrades include replacing smaller pipeline with larger pipeline in some areas, adding “looping” in other areas, and upgrading four compressor stations. The changes will flow an extra 582 million cubic feet per day (MMcf/d) of Marcellus gas from northeast and southwest PA to “growing demand centers along the Atlantic Seaboard.” Williams is holding two (of four) open houses next week to discuss the project. Below are details about the project and a copy of Williams’ FERC pre-filing application.
The liberal PA Gov. Tom Wolf administration continues to tinker with (i.e. destroy) the Marcellus miracle in the Keystone State. In August the Wolf Dept. of Environmental Protection (DEP) finally, after years of work, implemented onerous new regulations to cut down on so-called fugitive methane emissions from *new* drilling and pipelines (see 
The evidence continues to pour in that the addition of Williams’ Atlantic Sunrise Pipeline, a 200-mile greenfield pipeline from northeastern to southeastern PA where it joins the Transco Pipeline, is having a dramatic and ongoing effect on natural gas prices in northeastern PA. As in, the price drillers get for their gas has doubled. Atlantic Sunrise went online in early October (see 
In May of this year, Elizabeth Barnes, an administration law judge for the Pennsylvania Public Utility Commission (PUC), unilaterally ordered Sunoco Logistics Partners to “cease and desist all current operation, construction, including drilling activities on the Mariner East 1, 2 and Mariner East 2X pipeline” in West Whiteland Township in Chester County, PA (
Each year (for the 12th year running) the Canadian-based Fraser Institute surveys petroleum industry executives and managers (256 of them for 2018) asking them their opinions on the barriers to investing in exploration and production in various geographies across the globe. That is, what makes them more likely or less likely to spend money drilling in a particular location? The Global Petroleum Survey (full copy below), tallies the survey responses and ranks each geography from most desirable place to invest, to least desirable. Last year West Virginia was ranked as the fifth most desirable place to invest (see 
It takes a loooong time for the wheels of justice to turn, but (usually) turn they do. In 2016 Kathleen Kane, former Pennsylvania Attorney General who prosecuted and persecuted others, particularly in the gas drilling industry, was convicted of committing perjury (i.e. lying under oath) about leaking privileged grand jury information in a case unrelated to gas drilling. She was, in October 2016, sentenced to jail (see 
In August, the Pennsylvania Commonwealth Court handed PA drillers a partial victory in their quest to block onerous new drilling regulations, part of something called Chapter 78a (see 
Reuters has published a “hit piece” against Energy Transfer (ET) and two of its recent big pipeline projects–Rover Pipeline (in Ohio & Michigan), and Mariner East 2 Pipeline (in Ohio and Pennsylvania). Reuters is usually more balanced than, say, Bloomberg with these types of articles. Reuters usually doesn’t go out of its way to denigrate the industry. The article evaluates the number of permit violations issued for both projects. Together that number exceeds 800. Is that a lot? Reuters says they’ve analyzed “four comparable pipeline projects” and found an average of 19 violations per project (or 38 for two projects). So yeah, 800 vs. 38 sure sounds like a lot to us.
Both Pittsburgh and Philadelphia were in the running to become Headquarters 2 (HQ2) for online shopping behemoth Amazon. But neither got it. They both bent over backward, forward, and sideways, wined and dined Amazon people, and in general did everything they could short of bribery to attract Amazon to their respective cities. In the end, Amazon decided to split HQ2 between New York City and a suburb of Washington, D.C. Now that the distraction of pursuing Amazon is gone, a couple of energy industry players in Pittsburgh say it’s time to focus again on reality. Amazon offered 50,000 jobs to the winner(s) of HQ2. The PA Marcellus industry offers 100,000 jobs that pay way more, IF we hurry to capitalize on it. So says Morgan O’Brien, president and CEO of Peoples Natural Gas, and Stacey Olson, president of Chevron Appalachia.
Last week MDN told you about seven anti-fossil fuelers in the Philadelphia area who have filed a request with the PA Public Utility Commission requesting the PUC shut down both the Mariner East 1 pipeline, which has been flowing since 2016, and Mariner East 2 pipeline, which is about to go online any day now (see