4th Circus Blocks Permit, Stops All Work on Atlantic Coast Pipe
The judges at the Fourth Circuit (i.e. Circus) Federal Court of Appeals are at it again, micromanaging and making life miserable for Dominion Energy’s Atlantic Coast Pipeline. The clowns of the Fourth Circus on Friday put a hold on a permit issued by the U.S. Fish and Wildlife Service (FWS) that allows the pipeline to get built through areas with so-called endangered and threatened species. FWS determined the impacts to such species would be minimal. Big Green groups, including the radical Sierra Club, filed a lawsuit and in response to that lawsuit, to give the lawsuit time to play out, the clown judges suspended the FWS permit–effectively shutting down all work along the 600-mile project, even though the so-called “sensitive” species (four of them) are found along just 100 miles of the project. It’s not the first time the clowns have interfered (see 4th Circus Court Blocks Some Atlantic Coast Pipe Work in WV).
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Yesterday MDN editor Jim Willis attended the 12th Annual Platts Global Energy Outlook Forum in New York City. Christmastime is a great time to visit NYC. The conference opened with a talk given by Paul Ferneyhough, Repsol’s executive director for North America. The big news from Ferneyhough’s talk and subsequent remarks later in the day is that Repsol plans to ramp up production on their Marcellus acreage located in northeastern Pennsylvania by another 50% by 2020. Ferneyhough said the company, just last week, added a second drilling rig in the Marcellus. That one extra rig will allow them to quickly ramp up production. Several other news outlets, including Reuters, published news of the 50% increase. What they don’t tell you is how Repsol will manage to get that increased production to market, and what they can’t tell you is the added information Ferneyhough told Jim in a private conversation following his presentation.
New York State is the biggest loser. In every sense. NG Advantage, which once tried to set up a virtual pipeline operation in the Town of Fenton (suburb of Binghamton, NY), has shaken the dust of New York off its shoes and has, instead, decided to build the facility (with millions in tax revenues and over 100 jobs) 25 miles across the border in Springville Township, Susquehanna County, PA–in the heart of Marcellus country. Good for NG! Nice people, and they deserved much better treatment than they got here in NY. We personally hoped and lobbied for NG to locate in the Town of Windsor, NY, where MDN is located. But alas, the experience they had with the Town of Fenton was so nasty, they decided to abandon any plans of locating a business in NY. Can’t say that we blame them. NY is about the most business unfriendly state in the Union.
Earlier this week West Virginia regulators signed a deal with Diversified Gas & Oil to plug some 730 abandoned conventional oil and gas wells over the next 15 years. In June, MDN brought you the news that Diversified had purchased EQT’s Huron Shale assets in Kentucky, Virginia and West Virginia for $575 million (see 
We once again have a majority, three Republicans, as voting members at the Federal Energy Regulatory Commission (FERC). Yesterday along a party line vote, the U.S. Senate voted to confirm Bernard McNamee as the fifth Commissioner at FERC. McNamee is the former head of the Department of Energy’s Office of Policy–the guy who helped roll out a plan favored by Trump and DOE Secretary Rick Perry to artificially favor and boost nuclear and coal energy sources, at the expense of other sources like natural gas. Stupid idea, but there you go. By all accounts McNamee will be a friend to natural gas, regardless of his recent past in promoting coal and nukes.
One of the ways anti-fossil fuel groups have tried to stop the Mariner East 2 Pipeline project is by tying it up in court. Various lawsuits have been filed going back years. One litigant, a Big Green group headquartered in Philadelphia, the so-called Clean Air Council, has tried repeatedly to get the courts to deny ME2 the right to use eminent domain in cases where landowners refuse to cooperate (see 
The Pennsylvania Dept. of Environmental Protection (DEP) issued 269 permits for Marcellus (and possibly a few Utica) shale wells in October and November. The Ohio Dept. of Natural Resources (ODNR) issued 22 permits in the Utica/Point Pleasant shale play in October, and 11 permits in November (as of Nov. 17). That’s over 300 new shale wells between the Marcellus and Utica in the most recent two months–a strong showing. Farm and Dairy, a 100+ year-old publication serving the rural communities of Ohio, Pennsylvania and West Virginia, recently tabulated the permit numbers for western PA and eastern OH, down to the county level. Here’s what the numbers show.