Fed Court Rules EQT, Diversified Must Face WV Class Action
Last summer, MDN brought you the news about a lawsuit against Diversified Energy and EQT over the issue of old and “abandoned” wells in West Virginia (see Big Green Uses WV Landowners to Sue EQT, Diversified re Old Wells). In June 2018, MDN exclusively brought our readers the news that Diversified Gas & Oil (now called Diversified Energy) had purchased EQT Corporation’s Huron Shale assets, with a bunch of conventional wells, in Kentucky, Virginia, and West Virginia for $575 million (see Diversified Gas & Oil Adds to Conventional Assets in KY, VA, WV). Several WV landowners, prompted (and supported) by Big Green groups, sued the EQT and Diversified last July, alleging the wells no longer produce and (under law) must be plugged. The new news is that a federal judge in WV ruled yesterday that a proposed class action by the landowners against the companies can proceed.
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Last week it was a miracle when the three-judge panel from the U.S. Court of Appeals for the Fourth Circuit (i.e. 4th Circuit clown judges) turned back an appeal of a permit issued by the Virginia State Water Control Board allowing Mountain Valley Pipeline (MVP) to cross some 150 streams and wetlands in Southwest West Virginia (see 
The West Virginia Public Energy Authority (PEA) 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 in the summer of 2021 after it had been dormant for most of a decade. The first meeting of the new board was held in February 2022 (see 
The 303-mile Mountain Valley Pipeline (MVP) that runs from Wetzel County, WV, to Pittsylvania County, VA is 94% complete (has been for two years) but sits idle, waiting for the other 6% to be completed so it can start up and begin to flow Marcellus/Utica molecules to the southeastern U.S. Lawsuits funded by Big Green groups (with foreign connections) have blocked the completion of the project…for YEARS. It would be fair to say the project is currently in a stalemate with Big Green radicals, who somehow have coopted the help of three Democrat judges who sit on the U.S. Court of Appeals for the Fourth Circuit. Stalemates don’t go on forever. One way or the other, this situation will get resolved–likely this year. There are four potential outcomes for the stalled MVP project, a project critical to the future of the Marcellus/Utica.
On March 14, eight business groups across five states (including PA and WV) sent a letter to the federal EPA urging the EPA to expedite approvals for well permits for carbon sequestration, including allowing primacy for states. Businesses and consortia are actively pursuing significant investments in projects related to the so-called energy transition. Carbon Capture and Sequestration (CCS) is an important piece of the “transition,” both for capturing direct emissions and enabling clean hydrogen production from promised regional hydrogen hubs. CCS investments can accelerate a region’s energy transition and grow jobs. But the feds are dragging their feet. States want to take control of approving CCS projects for themselves, to speed things along–to become the primary regulatory authority. But the dysfunctional EPA is not responding. Hence the letter.
While we don’t track rig counts each week, given the volatile up-and-down nature of rig counts, the count from last week warrants comment. Oil rigs fell by one last week to 589, while gas rigs rose by nine to 162. Total rig count is up 13.7% over the same time last year–a good indicator that more drilling is happening. In our region, the Marcellus play gained five rigs from the previous week, while the Utica lost four rigs from the previous week.
Once again, the Biden administration is attacking the fossil fuel industry. This time it is via one of its favorite blunt force instruments: the federal Environmental Protection Agency (EPA). Yesterday the EPA released what it calls its final “Good Neighbor Plan” that forces gas- (and coal-) fired power plants to further reduce nitrogen oxide (NOx) emissions. It’s either reduce NOx by installing really expensive new equipment, shut the plant down, or option #3…pay an indulgence (tax) to keep sinning (polluting) by purchasing an “offset.” Liberals are so predictable.
Make no mistake–the United States is in trouble because of the vote of West Virginia U.S. Senator Joe Manchin to pass Joe Biden’s Green New Deal bill renamed (misnamed) to the Inflation Reduction Act (see 
West Virginia Senate Bill (SB) 188, the Grid Stabilization and Security Act, is aimed at making WV more competitive with its neighbors–Pennsylvania and Ohio–with respect to siting more gas-fired power plants in the state. SB 188 directs the Dept. of Economic Development secretary to identify and designate sites considered appropriate for natural gas electric generation projects. It also caps the amount of time the state Air Quality Board has to hear appeals of permits for such projects to no more than 60 days. The coal lobby was not happy with some of the language and focus of the bill, so coal got its own bill, House Bill (HB) 3482, the Coal Fired Grid Stabilization and Security Act, which does the same thing for coal that SB 188 does for natural gas.
West Virginia Senate Bill (SB) 188, the Grid Stabilization and Security Act, is aimed at making WV more competitive with its neighbors–Pennsylvania and Ohio–with respect to siting more gas-fired power plants in the state. While there was a lot of early momentum to pass the bill, it came to a screeching halt early last week in the House of Delegates (see 
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 purpose of assessing property taxes. The State Tax Department submitted an emergency rule in the summer of 2021 that was, quite frankly, a mess. In March 2022, the legislature passed, and Gov. Jim Justice signed into law, House Bill (HB) 4336, aimed at fixing the mess (see 
The Barack Hussein Obama administration went crazy with over-regulation in many areas. One of them was to redefine “waters of the United States” (or WOTUS) as everything down to, no exaggeration, mud puddles. When Donald Trump took office, he set about to correct some of the insane abuses of the Obama era, including WOTUS. He finally got it fixed. However, the Bidenistas took up the cause once again. Radicals at the EPA announced a new rule in January aimed at re-regulating all waters, putting power over just about everything (including oil and gas drilling) into the federal government’s hands via WOTUS (see