Energy Companies | EQT Corp | Industrywide Issues | Lease & Royalty Payments | Litigation | Statewide WV | West Virginia
EQT Avoids Trial, Settles WV Class Action re Royalty Deductions
Two weeks ago MDN told you about a class action lawsuit that’s been brewing in West Virginia since 2013, brought by 10,000 WV landowners and royalty rights owners against EQT over the company’s practice of deducting post-production expenses from royalty payments (see WV Class Action Against EQT re Royalty Deductions Heads to Court). The trial was set to begin this past Tuesday, but we’re just now learning that late last week EQT settled with the plaintiffs out of court. We don’t have many details. What we do have is confirmation that there’s been a settlement and that the trial was canceled. Here’s the details we have so far.
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In early October MDN reported that the U.S. Court of Appeals for the Fourth Circuit had “vacated” (canceled, overturned) a permit issued by the U.S. Army Corps of Engineers in West Virginia that would allow Mountain Valley Pipeline (MVP) to use a more environmentally friendly form of crossing four rivers in the state than is technically allowed under federal Clean Water Act regulations (see 
In a pattern that has repeated itself with both the Mountain Valley Pipeline and (now) the Atlantic Coast Pipeline (ACP), a key permit that allows ACP to build under and through streams and rivers and wetlands has been, for now, revoked. The permit is called a Nationwide Permit (NWP) 12 and was previously issued by the U.S. Army Corps of Engineers to allow ACP to build through streams, etc. in all three states where it runs–West Virginia, Virginia and North Carolina. Earlier this month the U.S. Fourth Circuit Court of Appeals put a temporary stop on constructing the pipeline across/under/through streams and rivers in WV (see 
The West Virginia Surface Owners’ Rights Organization (WVSORO) is making some big accusations against EQT (perhaps other drillers too) in saying that EQT, which once owned thousands of conventional oil and gas wells in the state, is selling those wells to companies that may go out of business and therefore will not be able to properly plug those wells as they reach end-of-life and no longer produce. Specifically, WVSORO mentions the recent sale by EQT of its WV conventional assets to Diversified Gas & Oil. In June, MDN brought you the exclusive news that Diversified had purchased EQT’s Huron Shale assets in Kentucky, Virginia and West Virginia for $575 million (see 
In early October the Federal Energy Regulatory Commission (FERC) granted TransCanada permission to begin service on part of its Columbia WB XPress pipeline project, the “Western Build” portion of the project (see 
EQT certainly isn’t following Dale Carnegie’s advice on How to Win Friends and Influence People. Just the opposite, as the company continues to squeeze every last penny it can out of landowners’ pockets who hold old “flat rate” leases in West Virginia. We’ve reported on EQT’s efforts to overturn WV’s Senate Bill (SB) 360, passed earlier this year and signed into law by Gov. Jim Justice (see 
It’s been five years in the making, but finally a class action lawsuit that began in 2013, on behalf of 10,000 West Virginia landowners and royalty rights owners against EQT’s practice of deducting post-production expenses from royalty payments, will finally get its day in court in two weeks. That’s what we learn from an extended article published by ProPublica and the Charleston Gazette-Mail on the topic of WV drillers and their practice of “whittling away payments” from rights owners. Just over a month ago MDN told you about an elderly WV couple who won their private lawsuit against EQT on the same matter (see 
It would be great when you are drilling a well, or building a pipeline, that when a state government inspector swings by to check up on the project, they don’t spot any problems. Especially for big projects like pipelines that run hundreds of miles. It would be nice, but not reality. Something always happens here and there. Unforeseen. Like weather with torrential rain, resulting in runoff from a ditch you just dug. The inspector swings by the next day and notices water and dirt where it’s not supposed to be, and voila, a “notice of violation” (NOV) is issued. It happens. That’s the way the world works. For Mountain Valley Pipeline (MVP) and Atlantic Coast Pipeline (ACP), both with segments in West Virginia, NOVs have been and no doubt will continue to be issued. How many NOVs would you imagine have already been issued for each project in WV? How many is “too many” and indicates the project builders are being sloppy?
Flashback: In May of this year, Energy Transfer CEO Thomas Long said Rover Pipeline would be fully online by June 1st (see 
EQT Midstream, which is about to be renamed to Equitrans Midstream Corp. in a few weeks, recently issued its third quarter 2018 update (same day that EQT the driller issued its update). As you know, the two are about to split and become two independent companies. As part of the EQT Midstream update, the new midstream company leaders spoke about Mountain Valley Pipeline (MVP), a 303-mile pipeline from West Virginia into southern Virginia. MVP has experienced a lot of setbacks, most of them from a campaign of lawsuits filed by Big Green organizations (like the odious Sierra Club). A new pipeline project related to MVP was mentioned prominently in this week’s quarterly update. The pipeline is called Hammerhead.
When shale drilling activity ramps up, the people who are needed to do all those jobs show up. In droves. Some come from out-of-state. Some are local, and some from in-state but not local. Regardless, they all need a place to sleep. A home away from home (if they aren’t local). Increasingly those places are campgrounds. Problem is, there aren’t enough campgrounds for workers to park their RVs. So enterprising farmers in West Virginia are turning some of their acreage into campgrounds, to profit by hosting shale workers. Some establish small campgrounds, with just a handful of (2-4) sites. But beware–there’s a pile of permits required to operate a campground of any size. Some farmers are skipping the permit process, which is NOT recommended.
Although EQT Midstream’s 303-mile Mountain Valley Pipeline (MVP) project has experienced a number of legal and regulatory setbacks and is currently blocked from constructing pipeline across/under/near any river, stream, or wetland in all of West Virginia and all of Virginia (some 1,100 different locations), believe it or not there are still many places where MVP can and is still installing pipeline (see