WV Sen. Manchin Asks Pres. Biden to Use Defense Act to Finish MVP

God bless Joe Manchin, U.S. Senator from West Virginia. Manchin has taken up the cause of finishing the 94% completed Mountain Valley Pipeline (MVP) project. Manchin is pushing and he’s pushing hard. Yesterday Sen. Manchin said President Biden could, if he wanted to, invoke the Defense Production Act to force the completion of MVP, currently held up by liberal Democrat judges on the U.S. Court of Appeals for the Fourth Circuit (see 4th Circuit Throws Out Plan for Safer MVP Drilling re Candy Darter). Manchin also hinted that he either will introduce a bill in Congress to clear away remaining permit hurdles for MVP so it can finish. One way or the other Manchin wants this pipeline done in the next 4-6 months.
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We’ve been tracking a bill in West Virginia that will finally, after more than eight years of trying, bring forced pooling to the Mountain State for Marcellus/Utica shale wells. Senate Bill (SB) 694 sailed through the WV Senate in record time and earlier this week hit the WV House. Yesterday the full House voted to approve SB 694 with some tweaks, sending it back to the Senate. Last night the Senate approved the House changes and the bill is now officially passed and on its way to the desk of Gov. Jim Justice for his signature. Will he sign it?
The West Virginia State Legislature passed House Bill (HB) 2581 on the last day of the annual WV legislative session in April 2021. HB 2581 required the State Tax Commissioner to develop a revised methodology to value oil and natural gas properties for the purposes of assessing property taxes. The State Tax Department submitted an emergency rule last summer that was, quite frankly, a mess. The rule created a complex system that is currently mired in controversy with both drillers and landowners confused about how much of a tax bill they will owe this year. There were two competing bills in this year’s session to correct the cockup from last year. Only one of them has survived and is close to passing.
U.S. Senator Joe Manchin, Democrat from West Virginia, is in a grumpy mood. The cause? The Federal Energy Regulatory Commission (FERC). Manchin is meeting with FERC commissioners tomorrow and he plans to take them to the proverbial woodshed for a good thrashing. Two things are on Manchin’s mind: FERC’s new rules that use global warming as a standard for reviewing pipeline projects, and ongoing delays with finishing the Mountain Valley Pipeline (MVP) project.
Pennsylvania, Ohio, and West Virginia are all scrambling to form working groups or other alliances in an attempt to be THE state chosen for one of four regional hydrogen hubs funded by the recently passed so-called Biden infrastructure bill. The new law provides $8 billion for four regional hubs. It’s a safe bet one of those hubs will be located in either PA, OH, or WV. The race is now on to attract that investment money. On Friday, WV’s new Hydrogen Hub Working Group held its first meeting to plot a strategy to snag the project. However, PA and OH are in the hunt too, with their own dedicated groups.
On Monday the U.S. Supreme Court heard arguments in a lawsuit filed by West Virginia Attorney General Patrick Morrisey and the attorney generals from 20 states that seek to limit the federal Environmental Protection Agency (EPA) and their misinterpretation of the so-called Clean Air Act in order to regulate carbon dioxide (CO2) emissions from power plants. The justices heard more than two hours of arguments over whether to limit the EPA’s power to regulate CO2 emissions from electric utilities. Based on the questions and comments by the justices, anti-fossil fuel cultists are VERY nervous that they may lose one of their favorite tools to limit oil and gas development.
A second bill related to mineral and landowner rights holders rocketed through the West Virginia Senate, passing the full Senate by 29-5 vote on Wednesday. Senate Bill (SB) 650 tweaks a previously passed bill signed into law in 2018 concerning co-tenancy (see
The West Virginia Public Energy Authority is a seven-member board that aims to make the best use of WV’s abundant natural energy resources. State code gives the board power to buy, lease, and issue bonds to build electric power plants and natural gas transmission projects. Gov. Jim Justice reactivated the board last summer after it had been dormant for upwards of a decade. The first meeting of the new board was held yesterday. Our sense is that the board is still trying to figure out what the heck it’s supposed to do.
The wild roller coaster continues of up, down, up, down, up, down. Last week the number of permits issued to drill new shale wells is down again–to 18 total. Pennsylvania had 16 new permits last week, nine for Repsol and three for Coterra Energy. All of Repsol and Coterra’s permits issued for Susquehanna County. West Virginia had two new permits, one each for Southwestern Energy and Antero Resources, in Marshall and Doddridge counties. Ohio? A big, fat, goose egg. No new shale permits issued last week in the Buckeye State.