WV Landowners Say They’re Bullied by Mountain Valley Pipeline
Last June EQT and NextEra US Gas Assets formed a joint venture to build a 330-mile pipeline from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA to deliver abundant, cheap Marcellus and Utica Shale gas to markets throughout the southeast (see EQT Announces New Marcellus/Utica Pipeline to Southeastern US). The new pipeline was dubbed the Mountain Valley Pipeline (MVP) project. Since that time, MVP has filed paperwork with the Federal Energy Regulatory Commission (FERC), which has jurisdiction on whether or not to build it because the pipeline crosses state lines (see EQT’s WV to VA Pipeline Open Season a Success, FERC Filing in Oct). In February, rumors began to bubble that the pipeline is changing its route (see WV to VA Mountain Valley Pipeline Changing Routes?). There has been some resistance, as there always is, on the part of some landowners who refuse to let surveyors on their property. So MVP sent letters to landowners threatening to sue them if they don’t allow the surveyors access. How can they sue? Using the power of eminent domain–but FERC hasn’t yet approved the project which would trigger the right to use eminent domain…
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On March 3, a federal judge awarded a Tyler County, WV mineral owner $4.8 million in present and future royalties (plus interest) as damages in a dispute involving the operator’s failure to follow through on some unusually generous lease terms. The operator, Cunningham Energy LLC of Charleston, WV, had promised to horizontally drill eight wells to and through the Marcellus Shale formation within three years, but was unable to do so–largely because the leaseholds were far too small to develop as stand-alone units, and the surrounding lands turned out to be already under lease to other drillers…
Three weeks ago MDN reported a Buffalo, NY-based company had successfully gotten all necessary permits to move forward with building a $615 million, 549 megawatt electrical generating plant near Moundsville, WV that will be powered by Marcellus Shale gas (see 
West Virginia House Bill (HB) 2688 (see 
Like a bad penny that keeps turning up, a forced pooling law in West Virginia keeps returning. Every year from 2009-2014 forced pooling legislation has been introduced, and ultimately defeated, in the WV legislature. We’ve covered the issue for years. Once again a new bill has popped up. House Bill (HB) 2688 was introduced by Delegate Lynwood Ireland (Chairman of the House Energy Committee) and co-sponsored by Delegates William Anderson (Speaker Pro-Tempore) and George Ambler. All three are Republicans. The bill has already passed the House Energy Committee and currently sits with the House Judiciary Committee for review. It may move fast or it may move slowly. Proponents of the bill say, in essence, this time the bill is different. There are compromises and provisions to protect both surface and sub-surface landowners. The interesting thing to MDN is that the West Virginia Royalty Owners Association is now on board and supporting the bill. Below we tackle this thorny issue once again. We have the full text of the bill as proposed, along with reaction to it, and our own thoughts…