American Oil and Gas Reporter - March 2020 - 92

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ConventionCoverage: Independent Oil and Gas Association of West Virginia

State Officials Pledge Industry Support
CHARLESTON, W.V.-In the eyes of
a couple of the state's top elected officials,
West Virginia is an energy state, and
both pledged their support for the state's
oil and gas producers at the Independent
Oil and Gas Association of West Virginia's
winter meeting, Feb. 21-22 in Charleston.
Governor Jim Justice called the assembled oilmen "the absolute future of
this state."
"Whether you love me or don't, I will
be there because I love the state of West
Virginia and I want goodness for our
people. And goodness for our people
starts with jobs and opportunity," Justice
declared. "We need all the goodness you
bring to the table."
Similarly, state Attorney General
Patrick Morrisey promised IOGAWV "to
continue to interact with you . . . about
ways we can ensure West Virginia is
known not only as a coal state, but clearly
as an energy state."
Governor Justice acknowledged the
natural gas industry's struggle with low
commodity prices, saying, "I couldn't be
more sympathetic. I know you are doing
everything you can to survive."
He signaled support for legislation
important to IOGAWV, citing HB 4091,
which passed the West Virginia House
of Delegates on Jan. 20. (Editor's Note:
HB 4091 passed the West Virginia Senate
on Feb. 5 and was signed by Governor
Justice on Feb. 17). HB 4091 enables
companies to obtain expedited horizontal
drilling permits with half the extra fee
going to the Oil and Gas Reclamation
Fund to plug orphan wells.

"As soon as it gets to my desk, I will
sign it in a heartbeat," Justice vowed.
"But that really doesn't solve the riddle," he continued. "You have to have a
real way to survive at $2, or slightly less,
gas. That way involves all kinds of efficiencies and help within state government
that we need to be able to give."
Pipeline Litigation
Attorney General Morrisey recounted
his office's efforts against regulatory overreach. "We led the national coalition
against the Obama administration's Clean
Power Plan," he reminded IOGAWV.
"We also led the way on the 'waters of
the United States' rule. And we are the
ones who led the 14-state challenge to
the (Clean Air Act Subpart OOOOa)
methane rule."
But, perhaps most important today,
Morrisey suggested, is his office's challenges to federal court rulings blocking
the construction of natural gas pipelines.
He called the decision by the U.S. Court
of Appeals for the 4th Circuit to deny
rights of way granted to the Atlantic
Coast Pipeline by the U.S. Forest Service
to cross the Appalachian Trail and through
the George Washington and Monongahela
national forests "one of the most important
challenges we face. If this goes the wrong
way, West Virginia could be in a very
difficult position."
The 600-mile Atlantic Coast Pipeline
was proposed in 2014 by Dominion Energy to transport as much as 1.5 billion
cubic feet of gas a day from Harrison
County, W.V., through eastern Virginia

IOGAWV President Kevin Ellis (left) pauses with West
Virginia Governor Jim Justice, following the governor's
address to IOGAWV's winter
meeting in Charleston, W.V.

92 THE AMERICAN OIL & GAS REPORTER

A federal appeals court ruling blocking
the Atlantic Coast Pipeline from crossing
the Appalachian Trail could negatively
impact much future U.S. energy infrastructure, West Virginia Attorney General
Patrick Morrisey advises the Independent Oil and Gas Association of West
Virginia's winter meeting, Jan. 22 in
Charleston, W.V.

to a terminus in Robeson County, N.C.
The 4th Circuit's ruling holds implications beyond the Atlantic Coast
Pipeline's importance as a conduit for
West Virginia gas or as an economic
driver in the communities and counties
through which it passes, mused Jason
Harshbarger, state policy director for Dominion Energy Transmission.
"If this case does not go our way, it
would limit infrastructure for every facility
that wants to cross the Appalachian Trail,
whether going east or going west," he
advised IOGAWV.
"That would have a crippling effect
on oil and gas across our country," Morrisey agreed, which is why 17 other states
signed onto his amicus brief contending
that "just because land is in the national
park system doesn't mean you can't give
a right of way or allow an entity to pas
400 feet underneath."
The U.S. Supreme Court agreed to
hear Dominion's appeal in October, and
Both Morrisey and Harshbarger expressed
confidence. Morrisey pointed out that the
Supreme Court typically did not grant
certiorari unless there were differing opinions among circuit courts. "There is no
such split here," he observed. "I believe
the logic behind the 4th Circuit's decision
was so problematic that the Supreme
Court felt compelled to step in."
American Oil and Gas Reporter - March 2020

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