US Supremes Reject Big Green Case to Gut Eminent Domain Using MVP
Finally, it’s the end of the road for Big Green using (abusing) six uppity Virginia landowners who didn’t want the 303-mile Mountain Valley Pipeline (MVP) to cross their well-groomed horse pastures. The landowners, funded by Big Green and using Big Green lawyers, sued repeatedly to try and overturn the Federal Energy Regulatory Commission’s (FERC) right to delegate its eminent domain authority to pipeline companies like MVP in order to build pipelines. Big Green and the landowners knew it wouldn’t stop MVP — the hope was to block all (and we mean ALL) future pipelines from getting built. That was the end game. Yesterday, the U.S. Supreme Court said it will not revisit the case. It had already looked at this case once before. This is well and truly the end of the line for these landowners and Big Green in attempting to gut FERC’s eminent domain authority. Finally.
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The ghost of Doug “the ax” Lawler is once again roaming the halls of Chesapeake Energy (see 
American Environmental Partners (AEP) and its owner, Brad Domitrovitsch, had their first day in court yesterday in Belmont County, OH, to address a motion by Ohio’s Attorney General, David Yost, to hold the company and Domitrovitsch in contempt for not complying with an order to clean up the Austin Master Services (AMS) facility owned by AEP. Although the hearing was scheduled to begin at 10 am, it didn’t actually start until 11:10 am. The judge gave the attorneys for the parties involved time to talk in an effort to arrive at a resolution. Which obviously didn’t happen as the hearing went forward. There was just one witness for the day yesterday.
The Ohio Oil and Gas Land Management Commission (OGLMC) approved two bids to drill for oil and gas under (not on) state-owned lands yesterday. Antero Resources was the sole bidder to drill under a Dept. of Transportation (DOT) property in Noble County. Southwestern Energy won its bid to drill under DOT land in Monroe County along the Ohio River. The OGLMC also advanced five other nominations to drill under state-owned properties to the bidding process. One nomination advancing is a request to drill under the 84-acre Keen Wildlife Area in Harrison County (see 
We’ve read the canard a number of times in recent months that the Biden administration has been good for oil and gas. Why? Because (goes the Democrat line), O&G is producing more now than ever. Because O&G companies are more profitable now than ever. Because O&G shareholders are doing better now than ever. So the Dems believe O&G should love the Biden administration. But here’s the truth: O&G is doing OK now DESPITE the onslaught against it by the Biden administration. The health and well being of O&G companies today is NOT the result of Biden’s policies (which have sought to destroy fossil energy), but despite those policies. We are doing OK today because of the lingering benefits of the policies put into effect under Donald Trump, not because of anything Joe Biden has done.
MARCELLUS/UTICA REGION: McCormick says he’ll term-limit himself if elected; Swing-state Senate Dems running from Biden; NATIONAL: Americans want natural gas; Energy CEOs split on pursuing Biden incentives close to election; INTERNATIONAL: Macquarie, JP Morgan examines upcoming OPEC meeting; QatarEnergy’s CEO says LNG is here to stay for years on end.
American Environmental Partners (AEP) and its owner, Brad Domitrovitsch, are due in court today in Belmont County, OH, to address a motion by Ohio’s Attorney General, David Yost, to hold the company and Domitrovitsch in contempt for not complying with an order to clean up the Austin Master Services (AMS) facility owned by AEP. AMS is a radiological waste management solutions company in Martins Ferry ( in Belmont County) close to the Ohio River. Media accounts report that AMS has stored at least 10,000 tons of fracking waste (drill cuttings with low radioactivity) at the facility. The facility is rated and permitted to hold 600 tons. In March, Ohio Attorney General Dave Yost asked the Belmont County Common Pleas Court to block AMS from receiving more waste and order it to clean up and comply with its rating. The court granted both requests with a deadline of April 17 to comply. The deadline came and went without compliance.
Two weeks ago, MDN told you about an odd situation in Ohio. DeepRock Disposal, an injection well company owned by a former member of the Ohio Oil & Gas Commission and current State Senator, Brian Chavez, leaked injected wastewater beyond its permitted boundary of a half mile into a non-functioning conventional well “miles away” (in Noble County) where the water came to the surface (see 
Fake research used by Physicians for Social Responsibility (PSR) will be allowed in a hearing that appeals permits granted to Olympus Energy to drill shale wells at the Metis well pad in Penn Township, Westmoreland County. The PSR’s so-called research is a mish-mash accumulation of other people’s research that doesn’t apply specifically to the wells permitted by the Pennsylvania Dept. of Environmental Protection (DEP). The so-called research is sprinkled with lots of scary words like PFAS and “forever chemicals,” implying such chemicals are being used by Olympus in drilling and fracking its wells — allegations with NO basis in fact. Protect PT, a radicalized group that receives funding from other Big Green groups, is challenging the DEP permits for the Metis pad, using SPR’s so-called research in its challenge. Olympus tried to have the SPR’s throw-enough-crap-against-the-wall-and-hope-some-of-it-sticks “research” tossed from being considered, but the Environmental Hearing Board (EHB), the special court in PA that hears appeals of DEP decisions, refused to toss the crap-throwing “research” out, saying Olympus should challenge said research during cross-examination.
The “sue-till-green” strategy sweeping the nation began in 2012 when the radicalized Climate Accountability Institute (CAI) hosted a conference in La Jolla, California. The gathering discussed a new approach to climate activism, mirroring the campaign against Big Tobacco — but this time targeting the oil and gas industry. The goal of the radicals is to effectively revoke the oil and gas industry’s “social license to operate.” Ultimately, this approach buries oil and gas companies with legal fees and, together with other “green” policies, artificially raises the cost of reliable energy and subsidizes the production of unreliable alternative energy sources. Disgusting. And now this strategy has come to Pennsylvania.
Although the weakened Bidenistas signaled they would consider lifting the political “pause” on approving new LNG export projects if Congress would vote to grant HUGE piles of money for the wars in Ukraine and Israel, and even though Republicans had the Bidenistas on the ropes, at the last minute the GOP didn’t press the advantage and voted in favor of the aid package without requiring Biden to lift the LNG pause. It is a shame and a wasted opportunity. So what happens now? The so-called LNG review goes forward, and new global warming criteria will be used (at least during the Biden administration) to evaluate new LNG export projects.
Last week, the Baker Hughes U.S. rig count added a single rig, now up to 604 active rigs. Since last October, the national count had gone as low as 616 and as high as 629, and that was it — a fairly narrow band. That is, until a month ago when it crashed through the floor and went lower, down to 613. Then, three weeks ago, it was down to 605. Two weeks ago, it went even lower, down to 603, the lowest since January 2022 (see