4th Circuit Allows EQT to Appeal WV Landowners Royalty Lawsuit
A lawsuit of interest for all landowners is playing out in West Virginia between a class of landowners and EQT Corporation, the largest natural gas producer in the country. We searched our extensive archives high and low and found no mention of this lawsuit! Somehow, it has escaped our attention — until now. As these cases often are, this one is long and complicated. However, the nub of the case, the essence of the dispute, is whether or not EQT can pay royalties to landowners based on the “raw” gas that comes out of the borehole (methane plus NGLs) or whether, as the plaintiffs argue, EQT should pay royalties based on the post-processed gas and NGLs (presumably at a much higher rate).
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Yesterday, the Intermediate Court of Appeals for West Virginia issued an opinion in a case that had (until now) escaped our radar. Equinor, Norway’s state-owned oil and gas company (previously known as Statoil), said it had overpaid its severance tax bill in West Virginia for the years 2014 and 2016. Equinor said WV miscalculated the value of propane, butane, ethane, and methane produced by the company. A WV judge agreed, also granting Equinor a further 15% safe harbor deduction for transportation and transmission costs.
Score one for the good guys! We (collectively in the Conservative movement) have defeated Joe Manchin (Democrat) and his potential run for another term as Senator from West Virginia. Manchin, in our opinion, lost the moral authority to run again when he sold out the country and his fellow West Virginians by voting to approve Joe Biden’s Green New Deal disaster, otherwise known as the Inflation Reduction Act (see 
In a court case that stretches back to 2019, Antero Resources, the biggest driller in West Virginia, challenged how its wells had been valued for tax purposes in Doddridge and Richie counties for 2016 and 2017. Antero said the combined value of its wells for those years should have been $1.488 billion. The state tax commissioner reckoned the value to be $1.513 billion. The controversy over well valuations, not only for Antero but other drillers, led to a reworking of how the state law values shale wells (see 
The U.S. rig count changed course again last week, dropping rigs after adding rigs (albeit anemically) for the prior three weeks in a row. The national rig count lost seven rigs last week — dropping to 618 active rigs — not only the lowest rig total this year but the lowest count since February 2022. The count in the Marcellus/Utica gained one rig and now stands at 40 active rigs. However, the mix changed. PA lost two rigs, going from 22 to 20 last week. Ohio picked them up, going from 10 to 12 active rigs. And WV picked up one rig after losing it the week before. WV now stands at 8 active rigs.
Equitrans Midstream issued its third quarter update yesterday. As you might expect, there was much talk about completing the nearly-done Mountain Valley Pipeline (MVP) project. Near the top of Equitrans’ 3Q official update is this comment from CEO Thomas Karam: “Once in-service, there is little doubt MVP will be one of the most valuable pipelines in the U.S., directly connecting our country’s largest and lowest-cost natural gas resource and the rapidly growing demand of the mid-Atlantic and southeast markets.” MVP remains on track to be completed and online in 1Q24. We learned a few new details about MVP from the update. However, MVP wasn’t the only hot topic during yesterday’s update. We have new info about the Rager Mountain Natural Gas Storage Field incident, Ohio Valley Connector Expansion Project, and MVP Southgate.
Last week, MDN brought you a list of the 15 proposed projects that are part of the West Virginia-led Appalachian Regional Clean Hydrogen Hub (ARCH2) initiative (see 
We finally have a list of the 15 proposed projects that are part of the the West Virginia-led Appalachian Regional Clean Hydrogen Hub (ARCH2) project. Earlier this week, officials with the Dept. of Energy Office of Clean Energy Demonstrations (OCED) and Battelle, the technology lab headquartered in Columbus Ohio that is quarterbacking the ARCH2 project, held an online briefing about ARCH2 (see 
New York State has made no bones about the fact that it HATES fossil energy — particularly natural gas. The state has banned fracking, permanently (for all time), preventing abundant supplies of natgas from being extracted within the state, dooming counties in Upstate to economic poverty. The state has blocked multiple gas pipelines from Pennsylvania into NY. It has banned new residences and businesses across the state from connecting to and using natural gas beginning in 2025. And lately, the state has begun to force natural gas-fired power plants to close. Yet sitting on the stage in Morgantown, WV, on Monday with West Virginia and Ohio officials and politicians there to commemorate and brag about WV’s big win in attracting a grant for a hydrogen hub, was the CEO of a New York company — a company that will play a key role in (and get gobs of money from) the WV hydrogen hub.
Since work resumed in midsummer, 92 stream crossings had been completed through Oct. 1 for the 303-mile Mountain Valley Pipeline (MVP) project, according to MVP spokeswoman Natalie Cox. About 330 crossings remain. Can the company realistically complete the rest of the work and get the pipeline operational by Dec. 31 (less than three months away)? That’s the multi-billion-dollar question. Some 4,200 construction workers are actively working on getting it done. It doesn’t help that highly organized “protests” are being inflicted on the project by Big Green-backed groups like Appalachians Against Pipeline.
As predicted by Reuters, on Friday, the Bidenistas announced the Hydrogen Hub Hunger Games winners. There were seven projects selected from 33 finalists. Among them was the West Virginia-led Appalachian Regional Clean Hydrogen Hub (ARCH2), which is a project that will use Marcellus/Utica natural gas as the feedstock to produce “blue” hydrogen, which is hydrogen made from natgas where carbon dioxide from the process is captured and either used or stored underground. While there is no doubt the big winner is West Virginia, other neighboring states, including Ohio and (yes) even Pennsylvania, will benefit with several locations that will be part of the larger hub project. We’ll explain below.
The U.S. rig count actually rose last week, adding a piddly four rigs to 622 active rigs (regaining the four it lost the week before). We remain near the lowest point since February 2022. The count in the Marcellus/Utica, after falling by one three weeks ago and holding steady two weeks ago, gained one rig (in Pennsylvania) and now stands at 39 active rigs. The national rig count is down 147, or 19%, below this time last year. We’d classify it as limping along, but we’re happy to see this slight reversal.
We have some exciting news to share! Yesterday, we told you that super secret sources whispering to Reuters say the Bidenistas will announce, on Friday, the winners of $7 billion in grant money to construct hydrogen hubs around the country (see