Landowners Refile Lawsuit to Block WV’s New Forced Pooling Law
Two weeks ago, a lawsuit brought by two West Virginia landowners seeking to overturn the state’s newly enacted forced pooling (i.e. unitization) law was tossed by a federal judge (see Lawsuit to Block West Virginia’s New Forced Pooling Law Tossed Out). The judge told the landowners the lawsuit they filed had sued the wrong person/entity by suing Gov. Jim Justice for signing the measure into law. The judge left the door open for the lawsuit to be refiled. Taking the judge’s direction and advice, the landowners have just refiled the lawsuit, this time against the state Dept. of Environmental Protection, the Oil and Gas Conservation Commission, and Attorney General Patrick Morrisey.
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Yesterday evening, U.S. Senator Joe Manchin (from West Virginia) finally released a draft bill that purportedly streamlines the permitting process for oil and gas pipelines, among other things. The bill, called the Energy Independence and Security Act of 2022, also clears away the remaining roadblocks to complete the 303-mile Mountain Valley Pipeline that travels through WV and into Virginia. MVP is 94% done and in the ground, yet anti-fossil fuel wackos keep blocking its completion with frivolous lawsuits and colluding federal judges. Manchin wants to blast through it and get it done, to his credit.
It appears that Sen. Joe Manchin’s “save MVP bill” (otherwise known as the permitting reform bill) is crashing and burning. No official language or text of the bill has been released. Yet. Why is that? Manchin extracted a promise from Senate Majority Leader Chuck Schumer and House Speaker Nancy Pelosi that a bill to finish up Mountain Valley Pipeline (MVP) and streamline permitting for future pipeline projects would be brought to a vote and passed–IF old Joe voted in favor of the horrible Inflation Reduction Act (IRA), a bill (now law) that damages the fossil fuel industry. Joe got rolled. He voted to pass the IRA, and now more than one-third of House Democrats and at least one Senate Democrat (crazy Bernie Sanders) have pledged to vote against Manchin’s bill, leaving him high and dry with nothing to show for his sellout on IRA. So Manchin turned to Republicans to save his tattered reputation–and they aren’t having it. Republicans refuse to reward Manchin’s sellout. Manchin calls it “revenge politics.” We call it eating the excrement sandwich you prepared for yourself, Joe.
EnergyNet
Last week the three states with active Marcellus/Utica drilling, Pennsylvania, Ohio, and West Virginia, issued a collective 30 new drilling permits, down from the 40 permits issued the week before. PA roared back to life by issuing 21 of the 30 permits, with OH issuing just three and WV issuing six.
Since the beginning of Joe Manchin’s so-called “side deal” to vote on a bill that will reform the permitting process for infrastructure projects including the 303-mile Mountain Valley Pipeline (MVP), Republicans in the Senate (and House) have called on Manchin and Chuck Schumer to release actual language of the bill that will be voted on. You know, release it at least a week or two before it gets voted on, instead of two hours before (which is the Democrats’ typical routine). So far, NOTHING from Manchin and Schumer. So on Monday, Manchin’s fellow U.S. Senator from West Virginia, Senator Shelley Moore Capito, introduced her own version of a permitting reform bill. The bill has the support of 45 Republican Senators so far (38 of them co-sponsored).
Yesterday both Antero Midstream (the pipeline subsidiary of Antero Resources), and Crestwood Equity Partners announced a deal to sell Crestwood’s remaining Marcellus assets to Antero for $205 million. The assets include 72 miles of dry gas gathering pipelines and nine compressor stations with approximately 700 MMcf/d of compression capacity located in Doddridge County and Harrison County in West Virginia.
Joe Manchin, U.S. Senator from West Virginia (now wildly unpopular in his home state) continues to have a tough time sealing the deal on a permitting reform bill that will help the Mountain Valley Pipeline (MVP) get done. Manchin traded his integrity away by voting to approve the so-called Inflation Reduction Act (a Big Green giveaway) in return for a vote on a bill to streamline the permitting of oil and gas projects like (and including) MVP. The Dems snookered Manchin into voting for the IRA with big promises, but now they don’t want to vote for his permitting bill, breaking those promises. Manchin needs help, and he’s turning to the oil and gas industry, hoping we will pressure Republican House and Senate members into helping him out. Don’t hold your breath, Joe.
Back in March, MDN told you about a bill passed by the West Virginia legislature, Senate Bill (SB) 694, which finally brings forced pooling for shale wells to the Mountain States after eight years of trying (see 
Another update on the uphill battle Joe Manchin faces in getting his “side deal” legislation passed that will help Mountain Valley Pipeline (MVP) get done. Manchin agreed to vote for the misnamed Inflation Reduction Act (IRA) in return for a “permitting reform” bill, to be voted on in September, as the price for his vote. We told you it was a bad deal for many reasons–one of which is that Manchin may never get his vote. On Friday, 72 Democrat members of the House of Representatives signed a letter (copy below) to Speaker Nancy Pelosi and Majority Leader Steny Hoyer opposing the Manchin “side deal” legislation. Yeah, it didn’t but a few weeks for the Dems to welsh on their deal with Manchin. It appears that Manchin got rolled.
Yesterday MDN brought you the news that EQT Corporation is buying the West Virginia assets of Tug Hill Operating–the company’s THQ Appalachia operation–for $5.2 billion (see 
We will continue to update MDN readers throughout the month of September as U.S. Senator Joe Manchin’s huge gamble of trading away the future of the country to finish the Mountain Valley Pipeline plays out. We spotted a story that quotes powerful Democrat members of the U.S. House of Representatives saying they have no allegiance to a deal made in the Senate–even though Speaker Nancy Pelosi promised support. A radical organization called Earthjustice (an adjunct of the Democrat Party) will hold a rally in the D.C. swamp today to oppose Manchin’s “save MVP” bill. You can expect a fierce battle against Manchin’s plan. Even if he wins (we hope he does) and MVP gets done, Manchin still traded away our country’s future to get it done. It’s not a good bargain, in our humble opinion.