Fayette County, WV Loses Court Case to Block MVP Compressor Stn

Sometimes counties (and local towns) try to seize power that’s not theirs constitutionally. Particularly when they’re led by liberal Democrats who like to arbitrarily make up their own oil and gas regulations. Such is the case in Fayette County, WV. Most oil and gas regulation is done at the state level–it is a state function. Unless it’s a pipeline that crosses several states. Those projects are regulated at the federal level, to protect citizens in neighboring states from arbitrary and capricious actions (like those New York is engaged in). Counties don’t get to decide whether or not to allow an injection well, or a pipeline. Yet the lib Dems in Fayette believe they can make those decisions. And now, for the second time in two years, a federal court has slapped them down. Two time losers. In August 2017, Fayette County lost a federal court case to block injection wells in the county (see Fayette County, WV Loses Appeal to Block Injection Well). On Wednesday, the three lib Dem commissioners of Fayette lost a second court case–this one an attempt to block a Mountain Valley Pipeline compressor station. Both lawsuits, last year and this year, were aimed at stopping EQT projects…
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Fayette County, WV Loses Appeal to Block Injection Well

An effort by Fayette County, WV to ban injection wells in the county has gone down to a final defeat. In January 2016, three liberal Democrat county commissioners from Fayette County, with the backing and help of the radical WV Mountain Party, voted to ban injection wells in the county (see WV County Officially Bans Injection Wells; Children Brainwashed). The ban was intentionally written so broadly it would also ban the operation of more than 500 vertical oil and gas wells in the county. The next day EQT sued to overturn the ban (see EQT Sues WV County that Banned Injection Wells, Seeks Injunction). One of the chief architects of the ban, from the Mountain Party, admits the ban was intended to stop all oil and gas activity in the county (see Anti Admits Fayette County, WV Ban Aims to Shut Down All O&G Wells). Fearing they would lose the EQT lawsuit, in March 2016 the Fayette commissioners backed away from the position of banning everything to do with drilling in the county. They revised the proposed ban regulation as a tactic to avoid losing their court case (see Fayette WV Commissioners Change Ban to Focus on Injection Wells). It didn’t work. In June 2016, a federal judge tossed out Fayette’s illegal ban (see Federal Judge Rules Fayette County Injection Well Ban Illegal). But that didn’t stop the lib Dems who, with the assistance of the radical Appalachian Mountain Advocates, appeal the federal judge’s decision (see Fayette County, WV Appeals Federal Court Ruling on Injection Well). That appealed case went to the 4th U.S. Circuit Court of Appeals, which has just ruled that Fayette County was out of line (copy of the decision below). Counties can’t make up their own oil and gas regulations–that right is reserved to the state…
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Fayette County, WV Appeals Federal Court Ruling on Injection Well

appealIn January, three liberal Democrat county commissioners from Fayette County, WV, with the backing and help of the radical WV Mountain Party, voted to ban injection wells in the county (see WV County Officially Bans Injection Wells; Children Brainwashed). The ban was intentionally written so broadly it would also ban the operation of more than 500 vertical oil and gas wells in the county. The next day EQT sued to overturn the ban (see EQT Sues WV County that Banned Injection Wells, Seeks Injunction). One of the chief architects of the ban, from the Mountain Party, admits the ban was intended to stop all oil and gas activity in the county (see Anti Admits Fayette County, WV Ban Aims to Shut Down All O&G Wells). Fearing they would lose the EQT lawsuit, in March the commissioners backed away from the position of banning everything to do with drilling in the county. They revised the proposed ban regulation as a tactic to avoid losing their court case (see Fayette WV Commissioners Change Ban to Focus on Injection Wells). In June, a federal judge tossed out Fayette’s illegal ban (see Federal Judge Rules Fayette County Injection Well Ban Illegal). Now the lib Dems, with the assistance of the radical Appalachian Mountain Advocates, has had the gall to appeal the federal judge’s decision…
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Federal Judge Rules Fayette County Injection Well Ban Illegal

Gavel-falling.jpgIn January, three liberal Democrat county commissioners from Fayette County, WV, with the backing and help of the radical WV Mountain Party, voted to ban injection wells in the county (see WV County Officially Bans Injection Wells; Children Brainwashed). The ban was intentionally written so broadly it would also ban the operation of more than 500 vertical oil and gas wells in the county. The next day EQT sued to overturn the ban (see EQT Sues WV County that Banned Injection Wells, Seeks Injunction). Not long after, a U.S. District Court judge slapped an injunction on the county preventing them from enforcing the ban at least until a hearing was held (see Judge Stops WV County from Enforcing Injection Well Ban, For Now). One of the chief architects of the ban, from the Mountain Party, admits the ban was intended to stop all oil and gas activity in the county (see Anti Admits Fayette County, WV Ban Aims to Shut Down All O&G Wells). Fearing they would lose the EQT lawsuit, in March the commissioners backed away from the position of banning everything to do with drilling in the county. They revised the proposed ban regulation as a tactic to avoid losing their court case (see Fayette WV Commissioners Change Ban to Focus on Injection Wells). Last Friday a federal judge ruled as we knew he would to toss out Fayette’s illegal ban. That is, EQT just won the case and the taxpayers of Fayette County have three lib Dems to thank for wasting money in legal fees to defend the indefensible…
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Latest Case of Duke U Bought & Paid “Research” by Park Foundation

Duke logoIt’s good to know that “research” can still be purchased at the once-great Duke University. For years now the radical Park Park Foundation has been buying its research from a few select professors at a few select universities. One of the scientists for sale is Avner Vengosh, professor of geochemistry and water quality at Duke University’s Nicholas School of the Environment (see Duke Hit Piece on Shale Water Usage from Same Park-Sponsored Prof). Here’s how it works: Park funds Dr. Vengosh’s “research,” and he conveniently “discovers” all sorts of nasty things about shale fracking, publishing his “research” in obscure, peer reviewed journals. Mainstream media picks it up and runs it. Readers who only scan headlines get the impression fracking is evil. Mission accomplished for Park (another hit on fracking) and for Vengosh (another buck in his pocket). That’s how it works in the world of bought-and-paid-for fractivism. The latest is Vengosh’s claim that he found evidence of shale wastewater contamination downstream from a wastewater injection well in Fayette County, WV…
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Fayette WV Commissioners Change Ban to Focus on Injection Wells

Fayette County WVThe Democrat commissioners of Fayette County, WV are scrambling to try and keep their jobs after enacting what is turning out to be a disastrous ordinance to ban all fracking, injection wells, drilling, etc. In January, three liberal Democrat county commissioners from Fayette County, WV, with the backing and help of the radical WV Mountain Party, voted to ban injection wells in the county (see WV County Officially Bans Injection Wells; Children Brainwashed). In fact, the ban is intentionally written so broadly it will also ban the operation of more than 500 vertical oil and gas wells in the county. The next day EQT sued to overturn the ban (see EQT Sues WV County that Banned Injection Wells, Seeks Injunction). Not long after, a U.S. District Court judge slapped an injunction on the county preventing them from enforcing the ban at least until a hearing scheduled for later this month (see Judge Stops WV County from Enforcing Injection Well Ban, For Now). One of the chief architects of the ban, from the Mountain Party, admits the ban is intended to stop all oil and gas activity in the county (see Anti Admits Fayette County, WV Ban Aims to Shut Down All O&G Wells). Facing a lawsuit they will lose, the commissioners have backed away from the position of banning everything to do with drilling in the county. They’ve revised the proposed ban regulation as a tactic to avoid losing their court case–but everyone sees through this latest pathetic attempt. Sensing they won’t win their court case to ban drilling as well as injection wells, they’ve opted to toss the drilling part and go for just banning injection wells. We hope the voters and taxpayers in Fayette County vote the three commissioners out at the next election for their anti-drilling malfeasance…
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Big Green Groups Funding Fayette County, WV Ban Lawsuit

The people behind Big Green groups are nasty people. They are, according to one source we have communicated with, “terrorizing” legitimate oil and gas businesses in Fayette County, WV. We’ve highlighted the ongoing story of three liberal Democrat county commissioners who decided to ban not only injection wells, but over 500 conventional oil and gas wells currently operating in Fayette County, WV (see Anti Admits Fayette County, WV Ban Aims to Shut Down All O&G Wells). The ban was intentionally written so broadly (by Big Green groups assisting the county) it not only bans injection wells, like those operated by Danny Web Construction and EQT, but it will also ban currently operational oil and gas wells. It is an outrageous offense and “taking” of private property, violating the Fifth Amendment of the Constitution. EQT and Danny Web have sued the county and a federal judge slapped an injunction on the county’s ban (see Judge Stops WV County from Enforcing Injection Well Ban, For Now). You can add another outrage to the situation. The county will be represented in the lawsuit against them by several Big Green groups, groups with deep pockets and armies of lawyers, for FREE. It is a clear conflict of interest and should not be allowed. Members of these groups are responsible for falsely calling in claims of spills that never happened, making false claims alleging toxins in streams that don’t exist, etc. These groups have perpetuated smear campaigns against legitimate o&g businesses–ruining reputations. And now they will be allowed to use their enormous financial resources to defend the county in this lawsuit? Sick…
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Anti Admits Fayette County, WV Ban Aims to Shut Down All O&G Wells

An update on a developing story we’ve covered the past several months. In January, three Democrat county commissioners from Fayette County, WV, with the backing and help of the radical WV Mountain Party, voted to ban injection wells in the county (see WV County Officially Bans Injection Wells; Children Brainwashed). In fact, the ban is intentionally written so broadly it will also ban the operation of more than 500 vertical oil and gas wells in the county. The next day EQT sued to overturn the ban (see EQT Sues WV County that Banned Injection Wells, Seeks Injunction). Not long after, a U.S. District Court judge slapped an injunction on the county preventing them from enforcing the ban at least until a hearing scheduled for later this month (see Judge Stops WV County from Enforcing Injection Well Ban, For Now). The judge says EQT “is likely to succeed” in their lawsuit to overturn the ban.” The new news is an article where one of the chief architects of the ban, from the Mountain Party, admits the ban is intended to stop all oil and gas activity in the county. Another well operator in Fayette County, Cabot Oil & Gas, is now evaluating the ban and considering joining the lawsuit against the county. We sure hope Fayette County has a LOT of money squirreled away for legal fees and fines and penalties coming their way…
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Judge Stops WV County from Enforcing Injection Well Ban, For Now

The second step has been taken in overturning an illegal ban on wastewater injection wells in Fayette County, WV. You may recall we told you two weeks ago that three Democrat county commissioners voted to ban injection wells (see WV County Officially Bans Injection Wells; Children Brainwashed). There are two injection well operators in Fayette County: Danny Webb Construction and EQT. The day after the vote EQT sued to overturn the new ban (see EQT Sues WV County that Banned Injection Wells, Seeks Injunction). On Tuesday, Jan. 19, U.S. District Court Judge John T. Copenhaver Jr. granted an injunction preventing the county from enforcing the ban at least until a Feb. 11 hearing. As part of his reasoning, Judge Copenhaver said EQT “is likely to succeed” in their lawsuit to overturn the ban…
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EQT Sues WV County that Banned Injection Wells, Seeks Injunction

That was fast. A week ago three Democrat county commissioners in Fayette County, West Virginia voted to ban injection wells in the county (see WV County Officially Bans Injection Wells; Children Brainwashed). Immediately after that vote was taken (last Tuesday), on Wednesday EQT filed a lawsuit against the county. EQT not only operates an injection well in the county, they also operate 200 conventional oil and gas wells in the county, providing the county with $100,000 per year in tax revenue, and “tens of thousands of dollars in royalty payments” to private landowners. According to EQT’s lawsuit, the ban in Fayette is so broad, it would prohibit not only injection wells, but all oil and gas production in the county. EQT is seeking an injunction to stop enforcement of the new ban while the court case plays out. The county will now spend big bucks to defend their farcical ban that will no doubt end up being overturned. Perhaps taxpayers want to rethink whom they elect as county commissioners?…
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WV County Officially Bans Injection Wells; Children Brainwashed

brainwashedchildren.jpgAs we reported in December, two left-wing Democrats in Fayette County, WV voted, in a first reading of a new ordinance, to ban all injection wells in the county (see 2 Democrat Commissioners Ban Injection Wells in Fayette County, WV). The full commission (three members instead of two) took a final vote Tuesday night and passed the measure, making it “the law” in Fayette County (until it’s found illegal by a court). The interesting part in reading about this turn of events is how some of the left loony toons parents have brainwashed their own children into becoming socialist/communists. One little girl gave “an impassioned plea” to encourage passing the ordinance, and then ignorantly accused people from the oil and gas industry of causing the death of “our grandparents, family and friends for you to have private jets.” Talk about colossal stupidity on parade. We call it brainwashing…
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2 Democrat Commissioners Ban Injection Wells in Fayette County, WV

In the end it was just two people who decided to outlaw a legally operating wastewater injection well in Fayette County, WV. Two county commissioners, Denise Scalph and Matt Wender (both Democrats), voted to end the right of Danny Webb Construction to operate an injection well in the county, as it has done for over a decade (perhaps longer, we’re not sure). Aided by a rabidly leftist group called the Mountain Party (left of Vlad Putin), the so-called county commission attorney, Larry Harrah, crafted the state’s first “screw ’em royally” ordinance that he believes is lawsuit-proof. We’ll see just how lawsuit-proof it is when it gets tested, as it surely will…
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CONSOL Employee Goes to Prison for Stealing $440K in Royalties

A sad story, and one we wish we didn’t have to report, but we do. Scott Hamilton was the manager for CONSOL Energy’s land records department in 2009 when he fraudulently set up a fake company and transferred CONSOL’s ownership interest in land in two counties (Christian County, IL, and Fayette County, WV) to the dummy corporation. He then had royalty checks for the two properties (owed to CONSOL as the royalty owner) mailed to a post box in Washington County, PA. In all, Hamilton stole some $440,000 from CONSOL before he was caught. Hamilton has already paid all of it back and he will now, after pleading guilty, spend the next 30 months in federal prison…
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Update on Bakken Oil Train Derailment in WV; Unreported Fact

Last week MDN told you about the latest train derailment hauling Bakken crude oil that occurred in West Virginia (see Bakken Oil Train Derails in WV: Destroys House, 2 Towns Evacuated). The good news is that no one was injured in the accident. However, it was/is a major disruption in the area where it happened, in Fayette County. Some of the oil ended up in the Kanawha River, one house was destroyed and two towns were evacuated. What a mess. We have an update on where things stand, along with new news that the rail cars hauling the crude were NOT the older DOT-111 style cars that have been criticized as not being strong enough–but indeed they were the newer CPC 1232 tanker cars…
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Bakken Oil Train Derails in WV: Destroys House, 2 Towns Evacuated

For some time we’ve covered the issue of Bakken crude oil being transported via rail, primarily because it’s oil from shale (in North Dakota) and because the rail shipments often traverse the Marcellus/Utica region. Technically it’s not a Marcellus/Utica story–but it is related. The most recent news we highlighted is that ND regulators passed strict new rules that require Bakken drillers to separate out NGLs (natural gas liquids) from the crude before it’s loaded onto rail cars (see ND Regulators Pass Rule Making Bakken Crude by Rail Safer). The new rules go into effect in April. The presence of NGLs in the crude make it much more flammable and explosive (if it’s in an accident) than it otherwise would be. There have been a string of rail accidents involving Bakken crude. Unfortunately, another Bakken crude railroad accident happened yesterday–this time in Fayette County, WV. Some of the oil ended up in the Kanawha River, one house was destroyed and two towns were evacuated…
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