OH Lawsuit Tries, Fails to Stop Mariner East 2 Pipeline

The Mariner East 2 (ME2) Pipeline has always been a story about Pennsylvania. Almost always. ME2 is actually two pipelines, laid side by side, that are meant to carry natural gas liquids (propane and butane) from southwestern Pennsylvania and eastern Ohio all the way across PA to the Philadelphia area–terminating at the Marcus Hook refinery/terminal. Most (not all) of the NGLs are exported to other countries. And therein lies the bone of contention. ME2 was granted status as a public utility and with it, the right to use eminent domain to force landowners to allow the pipeline across their property. Some landowners resisted, and (with help from anti groups) sued, repeatedly, claiming there is no public benefit from NGLs that get exported to other countries. They do have a point. So ME2 built four “off ramps” in PA–points where propane and butane will be purchased and used locally, which helps justify the public utility/eminent domain claim. Until now we’ve always read about lawsuits against ME2 originating in PA, where 95% of the pipeline will be built. However, there was a vigorous challenge to ME2 in Ohio on the same grounds–that ME2 is not in the public interest. That lawsuit argued, among other things, there are no “off ramps” in Ohio where the NGLs will be sold and used. However, a lower court and then an appeals court didn’t buy that argument and ruled against the landowner and in favor of ME2. That case appears dead, but it was appealed to the Ohio Supreme Court (no decision yet on hearing the case). This post will catch you up on the arguments for and against ME2 and its claim to be a public utility with the right of eminent domain in Ohio…
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We previously highlighted a video that shows the massive project underway to construct the Rover Pipeline (see
MDN spotted an announcement issue by the Pennsylvania Dept. of Environmental Protection (DEP) stating they’ve assessed a $185,000 fine on the Constellation Pipeline and its builder EM Energy (i.e. EdgeMarc) for a series of violations when building the pipeline in 2014-2015. That sent us digging. We don’t recall a Constellation Pipeline (and we’ve been writing MDN since 2009). What is the pipeline? Where, in PA, is it located? What is its purpose? We think we found most of the answers…
For months MDN has encouraged its readers to get behind and support Williams’ Atlantic Sunrise Pipeline project–a $3 billion, 198-mile pipeline project running through 10 Pennsylvania counties to connect Marcellus Shale natural gas from northeastern PA with the Williams’ Transco pipeline in southern Lancaster County. In February the Federal Energy Regulatory Commission (FERC) gave its final seal of approval for the project (see
As we have in previous years, MDN will not publish tomorrow (Friday) in observance of Good Friday and the Easter holiday. We hope you enjoy this blessed time of year! We’ll be back on Monday to catch you up on any stories breaking on Friday.
The “best of the rest” – stories that caught MDN’s eye that you may be interested in reading. In today’s lineup: Jefferson County, OH natgas production grows 587%; Ohio DNR issues 15 permits for southern Utica; anti group PennEnvironment fined by PA ethics commission; natgas moratorium in Mass. nears resolution; US shale back on the upswing; the de-electrification of the US economy; Keystone Pipeline could net $44M a day in tax revenue; and more!
Since early 2013 all of the LNG export capacity at the coming Cove Point LNG facility (on the shore of Maryland) has been spoken for–by India and Japan (see
As MDN pointed out in a post on Monday, the uncompetitive nuclear power generating industry is trying to protect its business by asking for special protections and a “bailout” from ratepayers in state after state (see
In January 2014 MDN brought you the story that due to incessant nagging from the NJ Sierra Club and the NJ League of [Liberal Democrat] Women Voters the Pinelands Commission, which oversees a stand of scrub pines in South Jersey, nixed a plan for a new natural gas pipeline to bring cheap, clean, abundant Marcellus Shale natural gas to South Jersey for use by residents and to feed an electric plant a local utility wants to convert from burning coal to natgas (see
Excuse us if we don’t shed any tears for companies dumb enough to found, base or refocus their entire strategy on the shifting sands foundation of ever-changing federal regulations–like the idiotic, hyper-restrictive regulations that every last molecule of methane must be sniffed out and stopped before it “escapes” (like a fugitive) into the atmosphere. Basing your business model on government regulations may work for a while, under tyrannical regimes that of B.H. Obama, but it doesn’t work under free market, sensible administrations like the Trump Administration. You bet an entire company’s future on a federal policy (fugitive methane) that was instigated by an executive branch agency, and then you wake up after election day to find out the policy has been changed. Whoops…
Soon after President Trump was inaugurated, some of the first Executive Orders he signed dealt with the Dakota Access Pipeline (now completed, thank God), and the Keystone XL Pipeline. Trump also signed a “Presidential Memorandum”–similar to, but not the same as, an Executive Order. On Jan. 24, President Trump signed the “Presidential Memorandum Regarding Construction of American Pipelines,” which instructs the Dept. of Commerce to ensure the pipelines used for new projects, and for major repairs, are Made in America–from the smelting stage through the final fabrication stage. That order has had the midstream industry squirming, quite frankly. Why? Because so much of the pipelines we now use are foreign made. While the goal of 100% American made pipeline is laudable (and something we support), the fact is, our domestic industries are not currently set up to produce all of the pipeline we need. So until our own domestic industries are capable, the midstream sector will have to continue relying on “global sourcing” for at least some pipeline materials. That was the message conveyed by five trade associations representing the industry in comments jointly filed with the Dept. of Commerce last Friday. The industry is walking a tightrope. On one hand they want to support Trump’s efforts to use American manufacturing of pipes, on the other, they want to be able to finish projects under way or planned to begin soon…
The Pittsburgh, PA region has been truly blessed by the Marcellus Shale industry. Largely because of the Marcellus, last year (2016) saw the biggest year ever for capital investment in the 10-county Pittsburgh region–a mind-blowing $10.2 billion of investment! It is the highest capital investment in a single year ever. Now mind you, not all of that money actually got invested last year. Some of it will come in dribs and drabs over the next several years. But all of that $10.2 billion was committed to in 2016. Last week the Pittsburgh Regional Alliance (PRA) issued its annual Business Investment Scorecard. The report (read it below) finds that more than half of last year’s capital investments pledged to Pittsburgh region came from a single project–the $6 billion Shell ethane cracker. The report also found another $3.11 billion worth of investment related to shale gas (processing plants, gas-fired power plants, etc.). Add it all together, and over $9 billion of the $10.2 billion committed last year is due to the Marcellus industry. To which we say, Pittsburgh should bow down and kiss some shale rock…
We’ve now written two posts addressing the jaw-dropping audacity of the corrupt New York Dept. of Environmental Conservation in their refusal to grant water crossing permits to a second major pipeline project (see
Each year the Ben Franklin Shale Gas Innovation and Commercialization Center (SGICC) conducts a contest to locate companies with the best shale energy-oriented innovations, new product ideas, or service concepts that are either in the development stage or recently launched. The Shale Gas Innovation Contest awards a $20,000 prize to three companies–$60,000 purse. Ten finalists have been chosen for this year’s contest. Exciting! We have the announcement, along with a description of each company and their truly innovative products and services, below. If you’re anywhere near the orbit of Pittsburgh, there will be a ceremony for the winners with a free reception on May 9th at the Hilton Garden Inn in Southpointe…