WV Seeks to Limit Fed EPA Role in Regulating Power Plant Emissions

A lawsuit filed by West Virginia Attorney General Patrick Morrisey and the attorney generals from 17 other states (18 states in all) will 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. According to Morrisey, his lawsuit is “the biggest case before the Supreme Court” for the 2022 session. We can tell you this: The left is very nervous about the Supremes accepting this case, appealed from a lower court. They didn’t expect the Supremes to take up the case and some say it doesn’t look good for the EPA.
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Four weeks ago the total number of permits issued in the Marcellus/Utica was 22. Three weeks ago it fell to 9. Two weeks ago the numbers picked up somewhat, with 16 new permits. Last week? There was a combined 20 new shale permits. However, the usual order of things with Pennsylvania dominating the new permit numbers was turned upside down. Last week PA only had 2 new permits (can’t remember the number being that low for months, if ever). OH issued a whopping 11 new permits, and WV issued 7 new permits.
In April of this year, Northeast Natural Energy (NNE), a West Virginia driller, announced it had enrolled itself in both the Equitable Origin and MiQ certification programs to prove the natural gas it produces is “responsibly sourced gas” (see
It was a pretty paltry week for new shale drilling permits in the Marcellus/Utica. Two weeks ago Pennsylvania issued 21 permits to drill new shale wells. They must have shot their wad because last week PA issued just two new permits–the lowest number in PA we’ve seen in…we can’t remember how long. Ohio issued no new permits for Utica drilling last week…zero…goose egg. Only West Virginia held out some promise, issuing seven new permits for shale drilling last week.
Complete confusion continues with respect to West Virginia’s House Bill (HB) 2581, a new law passed on the last day of the annual WV legislative session in April. HB 2581 changes how the State Tax Department values producing oil and gas wells for property tax purposes (see 
Everyone is scratching their heads trying to figure out why, given the price natural gas is fetching in both the futures and physical spot price market, natural gas drillers don’t drill more wells. The excuse given is that budgets are cast, plans made, and by gosh companies are finally showing fiscal discipline and sticking to their plans because if they don’t, investors will scream bloody murder. The last time we checked investors don’t mind spending a little more money to drill new wells if it puts more money in their pockets! That message finally seems to be getting through. Yesterday U.S. natural gas production surged to its highest level since late August (when Hurricane Ida struck, shutting down natgas production in the Gulf). Most of the gains came from more production in the Marcellus/Utica.
In July the Federal Energy Regulatory Commission (FERC) approved a plan by Dominion Energy to clean up and “undo” the work done for the company’s previous Atlantic Coast Pipeline (ACP) project (see
The Gas and Oil Association of West Virginia (GO-WV) released a new report yesterday called “Gas Facts” (full copy below). The report chronicles the impact oil and gas has had on the Mountain State over the past five years. According to Charlie Burd, GO-WV executive director, “Natural gas is the state’s top-paying sector, supporting more than 82,000 jobs and contributing roughly $5.2 billion in wages each year. Clean, abundant natural gas will continue to drive economic growth and opportunities for generations of West Virginians.” It’s an interesting report. One thing in the report caught our eye immediately: Two “top 10” lists for gas and oil production. We’re suckers for a good top 10 list…
Charlie Burd, executive director of the Gas & Oil Association of West Virginia, gave an update on the state’s oil and gas industry to the members of the West Virginia Legislature’s Joint Standing Committee on Energy on Tuesday. Burd (a Democrat) sang the praises of hydraulic fracturing. In 2020, more than 95% of the 2.5 trillion cubic feet of natural gas produced in West Virginia came from horizontal drilling, according to Burd. We discovered some interesting statistics from Burd on the state’s oil and gas industry…