May 2021 GO-WV News

NEWS

The Voice of the Gas and Oil Industry

May 2021

Make plans now to attend Summer Meeting

Bring the family and join your friends for the 2021 GO-WV Summer Meeting at The Greenbrier in White Sulphur Springs, West Virginia. You won’t want to miss the excellent lineup of speakers during the industry presentations on Monday and Tuesday. The fun of GO-WV’s Annual Summer Meeting takes place August 1-3 and you won’t want to miss the good times awaiting you!

Golf tee times are available Sunday morning from 11:06 a.m. to 12:06 p.m. on the Greenbrier Course.

Sunday evening is the western-themed welcome reception and banquet atop Kate’s Mountain.

Come enjoy our traditional buffet of lobster and filet mignon. The Josh Stewart Band will be providing entertainment for this popular comfortable and casual event.

Industry presentations and business session begin on Monday from 8:30 a.m. to 10:30 a.m. in

the Eisenhower Room. Guest speakers will include leaders from both industry and government.

Monday is filled with sporting events, as well, with something for everyone.

• The morning begins with the men’s and women’s doubles tennis tournament Maribeth Anderson from 9:00 a.m. to 11:30 Co-Vice President a.m. at the Tennis Club. and Program Chair • The Trap & Skeet Tournament will take place at The Greenbrier Gun Club on Kate’s Mountain Monday, August 2, with shooting times available from 9:30 a.m. to 5:30 p.m. Practice times will be available on Sunday. Please call (800) 624-6070 to Summer Meeting Continued on page 15

GO-WV awards $11,000 in scholarships The Gas and Oil Association of WV (GO-WV) has awarded scholarships to 11 outstanding high school seniors this spring. Eligibility was based on the student having at least one parent employed by a GO-WV member company and will be attending a West Virginia college or university. Since 1997, a total of $180,500 in scholarships has been invested in deserving high school students.

Madilyn Martin has been named to receive the Lori Miller Smith Scholarship given to a female student who exhibits a passion for education. Martin is graduating from Lincoln High School and will be attending Fairmont State University. Her father, Eric Martin, is employed

by Greylock Energy.

Nicolas Lester has been named to receive the Jim Gehr Scholarship given annually to the student who exhibits the greatest commitment to community service. Lester is graduating from Scott High School and will be attending Marshall University. His mother, Lori Scheuvront, is employed by Greylock Energy.

INSIDE

2 Ben Sullivan 3 More Capito 4 Charlie Burd 5 Michael Forbes 6 Industry events 7 Kathy Hill 8-9 Member news 10 Maribeth Anderson 11 John Unger 12 Tim Bigler 13 Greg Kozera 14 Thomas Downs 20-21 Spring Swing forms 22-23 Summer Meeting forms

Brynna Jackson has been named to receive the Dale Rettinger scholarship which honors highest academic achievement.

Jackson is graduating from Wheeling Central Catholic High School and will be attending Scholarship Recipients Continued on page 16

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Ben Sullivan GO-WV Co-President

GO-WV mission statement forms association’s foundation Safety is critically important to all us of and a core value for the natural gas and oil industry as a whole.

GO-WV’s member companies are keenly committed to protecting the health and safety of our workers and the communities in which we operate. Our members continue to work tirelessly to improve safety practices through ongoing technological advancements, best practice 2021 OFFICERS development, training, information sharing and advocacy.

West Virginia’s natural gas and oil industry has proven time and Presidents: time again that it is becoming an increasingly safer place to work for Ben Sullivan/Thomas Westfall all involved, despite a job environment that often involves heavy and Vice Presidents: high-pressure equipment, potentially hazardous materials and extreme Maribeth Anderson/Jeff Isner temperatures. As an industry we continue to see declining incidences Secretary: of illnesses and injury.

Jason Harshbarger Our commitment to safety and the results we deliver have only been Treasurers: that much more evident as we operate during the Covid-19 pandemic.

Kelly Moss/Jim Pritt The natural gas and oil industry’s commitment to excellence in workplace safety not only protects the countless jobs supported by the BOARD MEMBERS industry across the state, but it also keeps our communities and the John Bane, EQT Corp. environment healthy and safe.

Jim Crews, MPLX I know that for our members, workplace and workforce safety is Carrie Crumpton, CNX Resources always a top priority, and workplace safety covers a large and varied Ryan Cunningham, Cunningham set of procedures, conditions and environments. From personal safety, Energy which protects the individual worker, to operational and process safeDoug Douglass, ConServ Inc. ty, which focuses on the equipment and procedures that keep natural Kevin Ellis, Antero Resources gas and oil properly flowing to market. Personal safety and process Jon Farmer, Arsenal Resources safety work hand-in-hand to ensure responsible development of natMichael Forbes, Greylock Energy Marc Halbritter, Blue Racer Midstream ural gas and oil – providing the essential products that make modern David Haney, E&H Manufacturing life possible while keeping our workers and West Virginia communiHolly Hannold, XTO ties safe.

Jon Hildreth, Roy G. Hildreth & Son Here in West Virginia, we soon will enter into the ‘dog days’ of Paul Hunter, Williams summer. As June, July and August bring with them longer days and Brittany LaPorta, TC Energy warmer temperatures, it is incumbent upon all of us to refocus our Rhett Metz, Energy Transfer safety commitments to better serve our employees and the communiChristine Mitchell, Dominion Energy ties in which we operate.

Michael Poole, Highlands Drilling Please join GO-WV and all of us at Diversified Energy in not only Bob Radabaugh, S&R Gas Ventures renewing those safety and environmental stewardship principles but Mark Veltri, Crestwood Mistream also continuing to find ways to highlight our industry’s efforts and Eric Vir, Northeast Natural Energy performance as it relates to worker health and safety. I am continuChris Weikle, SWN ally assured as I work with GO-WV’s staff and membership that our Member Emeritus: industry has a vibrant and safe future ahead. Let us all work together Ben Hardesty, Alta Energy to renew our commitments and make sure that not only the summer Lloyd Jackson, Jackson Management ahead, but also the future of the Industry and the nation is safe, susBob Orndorff, Dominion Energy tainable and powered by West Virginia natural gas.

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Moore Capito Babst Calland

The view from under the Dome Comparatively, things looked a lot different this year under the dome. COVID-19 drove everything we did this legislative session. Quite literally, it caused us to alter many of our longstanding procedural rules, especially as they related to how we conducted committee meetings, public hearings, and floor sessions. Likewise, the pandemic drove how we approached policy and what policy we dealt with.

In my five years as a member of the House of Delegates, we have never hit the ground faster.

The looming threat of a shutdown forced us to come in focused and prepared to tackle some of the most critical pieces of legislation first. I am proud of the many individuals who contributed countless hours to ensure a safe and successful 2021 legislative session.

Here are a few pieces of critical legislation I believe will strengthen West Virginia: SB 277: COVID-19 Jobs Protection Act We all want to get back to normal, but we also appreciate the many obstacles that exist in these unprecedented times. Predictability has not been a luxury this past year. Many of our businesses in West Virginia struggled with the challenges associated with the pandemic. As a result, some closed, and others, many of which are considered essential, remained open despite the associated risks. This piece of legislation provides businesses with qualified immunity, generally speaking, from lawsuits associated with COVID-19. We believe this law provides much needed predictability both to our workers and our businesses.

SB 272: West Virginia Employment Law Worker Classification Act Remote working is quickly becoming more the rule and less the exception. In West Virginia, we have an opportunity to capitalize on this movement. Our natural beauty and its bounty create tremendous opportunities for growth. Independent contractors and businesses desire a reliable

contractual structure. Remote workers, particularly gig workers, typically favor an independent contractor business relationship over a formalized employment contract. This law creates a single, statewide standard for determining whether an independent contractor relationship exists. This uniformity provides all workers the ability to freely contract for work with confidence and clarity.

SB 275: West Virginia Appellate Reorganization Act of 2021 Good government structure is critical to support economic growth. As legislators, we are continually looking for ways to improve the delivery of government services to the people of West Virginia. One way to improve outcomes is to provide a full and fair adjudication of legal disputes. The current appellate procedure in West Virginia is convoluted and has resulted in a backlog in our trial courts. With the passage of this law, we will have a direct, succinct, and predictable pathway for litigants. The intermediate court will consist of one panel of three judges that will hear family and circuit court, workers compensation, and administrative appeals. Decisions by the intermediate court may be reviewed by the West Virginia Supreme Court of Appeals. At its core, this law provides every litigant in West Virginia with a statutory right of appeal.

HJR 3: Property Tax Modernization Amendment Job growth and fair taxation are inextricably linked. Policy that promotes job creation should always be a top priority. The personal property tax on inventory, machinery, equipment, and motor vehicles is out of step with our neighboring states and disincentivizes capital investment. The legislature cannot act to provide relief because the West Virginia Constitution forbids it. By adopting this resolution, the legislature has authorized the question of whether to alter the constitution to View from the Dome Continued on page 19

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Charlie Burd GO-WV Executive Director

From the Burd’s Nest: The ugly duckling The 2021 West Virginia Legislative Session is now in the books. And, as I stated last month, it ended up being one like no other ever witnessed.

Without question, limiting inside access to the Capitol due to on-going COVID-19 precautions made it much more difficult to lobby. Not to mention, being unable to personally interact with members of the House and Senate daily was frustrating. It limited the ability to get a comradery established, particularly with the 35 new legislators elected in November 2020.

While Legislative leadership did their best to announce meetings early and provide remote access as much as possible, it was not uncommon for agendas to change and access to be a bit sporadic. Testifying in committee had to be well planned and with the support of the committee leadership. Also gone was the ability to meet with allies and observe hallway conversations--all part of the greater effort to achieve success.

That said, the flow of this session was a bit odd. In fact, I am reminded of the Hans Christian Anderson fable, The Ugly Duckling, where one of the little birds is perceived by the other birds and animals on the farm as an ugly little creature.

Throughout the fable, the little bird must go it alone. In the end however, the duckling comes to realize he is not a duckling, but a has been beautiful swan the entire time.

As the session started, from the highest levels of government, right on down the leadership chain, oil and natural gas has for the past few years, been touted as the “HOPE” for the State’s future.

Billions of dollars in investments, in severance tax and county property tax payments, jobs, and more.

Based on these previous accolades, this year’s results could have been better. In the end, the GOWV Lobbying team assessed over 2,200 pieces of legislation as introduced (Senate bills/resolutions 764 and House bills/resolutions 1,455). As the final gavel struck at midnight Saturday, April 10, here is a partial list of those that merit mention.

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First, legislation that passed and has or can become law: • Senate Bill 175 is GO-WV supported legislation that pertains to the State Tax Department rule relating to Downstream Natural Gas Manufacturing Investment Tax Act Of 2020 that establishes a system of investment credits based on qualified investment property and new jobs created. SB-175 (bundled as SB160) was signed into law by Governor Justice on March 31, 2021.

• Senate Bill 404, a bill that was not opposed

by GO-WV, provides for, and establishes that modifications to horizontal well permits, if deemed to be consistent with the issuance of the original permit, shall be accepted if submitted on forms prescribed by the secretary and accompanied by a fee of $2,500. SB-404 was signed into law by Governor Justice on March 27, 2021.

• House Bill 2581 was GO-WV supported legislation that passed, as amended, the last day of Session and provides for the fair and equitable valuations on producing properties.

As amended from its original version in the form of a Committee Substitute which passed the House of Delegates unscathed and cured significant constitutional deficiencies in the valuation or producing oil and natural gas properties for property tax purposes in the various counties. Serious changes to the bill occurred in the Senate. The final language in the Senate Finance Committee version of the bill removed most of the operative provisions from the House bill and simply directed that the Tax Department develop a legislative rule with little direction as to what the rule should contain – not even a deadline or time frame within which it should be completed. The House bill had been developed through an arduous and painstaking process that included House Finance Committee leadership, the Burd’s Nest Continued on page 18

Michael Forbes Membership Chair

GO-WV Board welcomes three new members in April Please join the GO-WV Board of Directors in welcoming these members approved in April: Billman Geologic Consultants, Inc. Dan Billman 470 Spruce Lane Houston, PA 15342 Phone: (724) 916-4557 Cell: (724) 272-4360 Fax: (412) 291-1100 mikelewis25@aol.com dan@billmangeologic.com www.billmangelogic.com

PRO

EnviroScience Inc. Sarah Veselka 129 Greenbag Road Morgantown, WV 26501 Phone: (800) 940-4025 Cell: (304) 282-9493 sveselka@enviroscienceinc.com www.enviroscienceinc.com

ISP

Morris Mountaineer Oil and Gas LLC Adam Marshok 121 Steele St. Bridgeport, WV 26330 Phone: (703) 283-9700 Cell: (304) 997-0652 info@morrismountaineer.com www.morrismountaineer.com

ISP

GO-WV partnering on Marcellus Conference GO-WV is pleased to continue its partnership with the West Virginia Manufactures Association in its 10th Annual Marcellus and Manufacturing Development Conference.

Please join us at the Marriott Waterfront Place in Morgantown, West Virginia as we hear from experts and industry professionals while exploring the future of oil and natural gas, sustainability initiatives, impediments to development, economic challenges, opportunities of downstream manufacturing growth in the Appalachian region and beyond.

This year’s MMDC Conference registration includes access to the reception and Expo opening, featuring the launch of the spring issue of the West Virginia

Executive Energy and Manufacturing publication and the announcement of the 2021 Sharp Shooters Class.

Register today and take advantage of reduced rates for this in-person and virtual event!

- http://www.mmdcwv.com/ Book your room! https://www. marriott.com/events/ start.mi?id=1615997868904 &key=GRP For sponsorship opportunities, email kristen@wvma.com or call 304.342.2123.

*Covid protocols will be followed and virtual program attendance options are available.

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Industry Events

Various upcoming events planned for 2021 May 15-18, 2021 IOGCC Annual Business Meeting Virtual Platform Info: http://iogcc.ok.gov/events May 19, 2021 2021 PIOGA Spring Meeting & Exhibition Rivers Casino Pittsburgh, PA Info: www.PIOGA.org > Events

September 15-16, 2021 2021 PIOGA Annual Meeting/Sports Outing Locaation TBA Info: www.PIOGA.org > Events

May 20, 2021 GO-WV HandSafe Safety Seminar Bridgeport Country Club Bridgeport, WV Info: www.gowv.com

September 17-18, 2021 GO-WV Sports Weekend Bridgeport Country Club/Mountaineer Field Bridgeport, WV/Morgantown, WV Info: www.gowv.com

May 27, 2021 GO-WV HandSafe Safety Seminar Berry Hills Country Club Charleston, WV Info: www.gowv.com

September 20, 2021 BHE GT&S Annual Charity Golf Outing Pete Dye Golf Course Clarksburg, WV Info: gina.m.palmer@dominionenergy.com

June 7, 2021 GO-WV Spring Swing Golf Outing Berry Hills Country Club Charleston, WV Info: www.gowv.com June 7, 2021 Ted Cranmer Memorial Golf Outing/Steak Fry Wanango Country Club Reno, PA Info: www.PIOGA.org > Events June 7-8, 2021 WVMA: MMDC Waterfront Place, Morgantown, WV Info: www.wvma.org June 21-23, 2021 OOGA Spring Meeting Columbus, OH Info: www.ooga.org August 1-3, 2021 GO-WV Summer Meeting The Greenbrier White Sulphur Springs, WV Info: www.gowv.com

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August 19, 2021 24th Annual Divot Diggers Golf Outing Tam O’Shanter Golf Club Hermitage, PA Info: www.PIOGA.org > Events

September 23, 2021 SOOGA Fall Trade Show ESB Community Building Marietta, OH Info: www.sooga.org November 7-9, 2021 IOGCC Annual Conference Inn at Loretta Sante Fe, NM Info: https://iogcc.ok.gov

Kathy Hill Ergon

Monthly Appalachian Basin crude oil prices NYMEX AVG OIL PRICE 2020 AVG Price - $39.59/bbl 2021 AVG Price - $57.87/bbl

$80.00 $70.00 $60.00

$59.13

$62.66

$51.81

$50.00

$47.23

$40.00

$38.37

$30.00

$40.76

$42.19

$39.63

$41.28

$39.44

$28.68

$20.00 $10.00 $-

Apr-20

Series1

Apr-20 $18.20

May-20 May-20 $28.68

Jun-20 Jun-20 $38.37

Jul-20 Jul-20 $40.76

Aug-20

Sep-20

Aug-20 $42.19

Sep-20 $39.63

Oct-20 Oct-20 $39.44

Nov-20 Nov-20 $41.28

Dec-20 Dec-20 $47.23

Jan-21 Jan-21 $51.81

Feb-21 Feb-21 $59.13

Mar-21

Mar-21 $62.66

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Member News

CNX commits $30 million to broaden community investment CNX Resources Corp. (NYSE: CNX) recently announced a substantial, multi-year community investment in the tri-state region. The focus of investment is to be socio-economic inclusion in urban and rural disadvantaged areas. The $30 million commitment spans six years and reinforces the company's focus on local, underserved communities and populations. Previously, the company released comprehensive goals related to its 'hire local' supply chain and sourcing efforts and Diverse Business Enterprise (DBE) spend initiatives.

"While everyone is talking about sustainability and environmental, social and governance (ESG) these days, too few are delivering tangible and measurable results. We are on a mission to change the trajectory of our region and to improve the lives of our neighbors in communities left behind by a system focused on talk and abstract concepts rather than real outcomes. This commitment is not about words; it's about the people who make western Pennsylvania and the broader Appalachian region such a special place to live, work and raise a family," said CNX President and CEO Nicholas J. DeIuliis.

DeIuliis continued, "Our industry is the lifeblood of the regional economy and the foundation of our social fabric. For us to succeed, we need healthy communities to provide a resilient workforce. These are not handouts; they are investments that will provide returns for our local communities and our ownership for years to come. This is what sustainability and ESG mean to CNX." These investments represent a re-allocation of previously planned expenditures and are expected to generate long-term, sustainable economic returns for the region and the company by removing barriers to socio-economic diversity and inclusion across the natural gas industry and beyond.

The commitment will be effectuated while still allowing the company to deliver on its previously

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announced, multi-year free cash flow generation plan.

The community investment pillars associated with CNX's $30 million commitment are intended to include: • Food Insecurity • Health and Wellness of Children, the Elderly, and Individuals with Disabilities • Broadband and Information Technology Access • Criminal Justice and Recidivism Reduction • Domestic Violence Awareness and Services • The Opioid Epidemic and Societal Impact • Career Awareness and Technical/Vocational Training • Water Quality Safety and Awareness Initial signature project commitments are to include: • $1 million for broadband access in rural Greene County, PA; • $400,000 for career training for students/ graduates of the recently announced regional mentorship academy; • $200,000 for the Jerome Bettis Cyber Bus Project to support technology needs in disadvantaged school districts; and • $100,000 for House of Life of Pittsburgh for returning citizen re-entry.

To learn more about CNX's unique Environmental, Social, and Governance (ESG) approach, accomplishments, and goals, please visit: https:// responsibility.cnx.com/esg-overview.html.

Member News

Diversified Gas & Oil Corp. helps fund accessible playground, clean trail Kanawha State Forest unveiled a new wheelchair-accessible playground at Kanawha State Forest on April 10.

This project relied on a number of donors and volunteers to become a reality.

Among the donors was Diversified Gas & Oil Corp. (DGOC). Other organizations involved included Mardi Gras Casino & Resort, United Mine Workers District 17, the West Virginia Health Promotion and Chronic Disease Office, West Virginia University’s Center for Excellence in Disabilities and the office of the state’s ADA Coordinator. Commerce Secretary Ed Gaunch and DNR Regional Manager Mark Wylie attended the dedication.

The playground and equipment, some of which are shown below, are designed to provide those children with disabilities the opportunity to enjoy outside activities with others at Kanawha State Forest.

The playground, designed to benefit children with physical challenges, was funded in large part by several companies and individuals, including Diversified Gas & Oil Corp. and others listed on the sign above. Greg Hoyer, Todd Terick and Eric Blackshire (shown on page 10) were there to represent Diversified Gas & Oil Corporation.

In another community event, the company’s properties in West Virginia cover a significant portion of the state – including areas that make up parts of the Hatfield-McCoy, Ivy Branch Trail system. So it was a natural fit for DGOC, the Hatfield-McCoy Trail (HMT) System and police officers from the West Virginia Division of Natural Resources to partner for an Earth Day Trail Cleanup.

Hatfield-McCoy and local Diversified Gas & Oil personnel were quick to volunteer and worked Member News Continued on page 10

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Maribeth Anderson Co-Vice President and Program Chair

GO-WV hosts “Spring Swing” golf outing June 7 Register now to join the fun at the 2021 GOWV Spring Swing Golf Outing on Monday, June 7, at Berry Hills Country Club in Charleston.

Activities begin at 9:00 a.m. with registration and a continental breakfast. The four-person scramble golf tournament features a shotgun start at 10:00 a.m. Lunch will be served during the round at the turn by the club house; awards and door prize drawings will take place at 3:00 p.m.

Thanks to our sponsors, there is no charge to players for door prizes, breakfast, lunch or the snack and beverage cart. There will be a gift for all players.

Mulligans and red tees will be available for purchase.

Berry Hills Country Club permits soft spikes and requires collared shirts. Jeans and cargo pants are not allowed.

There will be skill prizes for the golfers and door prize drawings! Please know this GO-WV event will be following all applicable COVID-19 Member News

Continued from page 9

together to remove 2.3 tons of debris from the Ivy Branch Trail – including over 50 tires that will now be recycled.

DGOC Production Manager Bob Simmons was proud to be part of the effort. “My wife and I

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rules, including social distancing and the wearing of masks, according to guidance from the Centers for Disease Control (CDC) and executive orders from West Virginia’s governor.

The GO-WV Spring Swing Golf Outing will attract many decision makers in our industry in a setting that allows the participants to mix, mingle and network. As a leader in our industry, you recognize the importance of supporting GO-WV, and the benefits of promoting your company’s image.

Not only will you want to attend this great event, but you may want to get even more recognition as a sponsor.

By becoming a Spring Swing sponsor, your company will receive special recognition throughout the industry by coverage during the event, in GO-WV News, on www.gowv.com and on sponsor boards posted throughout the meeting venue.

Diamond Event Sponsors can post their company banner at their sponsored event.

Please register by April 20 using the forms on pages 16 and 17, or visit www.gowv.com.

spend most of our free time hiking and bicycling in our beautiful state,” he said. “We appreciate the opportunity to help restore this little piece of heaven.”

“When DGOC extended their invitation to join with them to celebrate Earth Day, we jumped at the chance,” said John Fekete, HMT Deputy Executive Director, “We must continue to keep our trails and roadways clean and free of trash and litter.

We look forward to more collaborations with DGOC in the future!”

John C. Unger Spilman Thomas & Battle, PLLC

The City of New York v. Chevron On April 1, 2021, the Second Circuit Court of Appeals dismissed New York City’s state law claims to hold multinational oil companies liable for damages caused by global greenhouse gases and held that the claims were preempted under the Clean Air Act (CAA). Preemption means that a legislative or regulatory action at a “higher” level of government (usually the federal government) eliminates the authority of a “lower” level of government (usually a state government) to act on that same issue. The Second Circuit effectively held that the federal CAA does not leave any room or authority for state-level nuisance claims regarding air emissions.

The appeal originated in 2018 when the City sued some of the largest global fossil fuel producers, including Chevron Corporation, ConocoPhillips, Exxon Mobil Corporation, and BP p.l.c. (the Producers), asserting causes of action for public nuisance, private nuisance, and trespass under New York law, stemming from the Producers’ production, promotion, and sale of fossil fuels.

The City requested compensatory damages for “the past and future costs of climate-proofing its infrastructure and property,” as well as an order granting an injunction to abate the public nuisance and trespass if the Producers failed to pay the court-ordered damages. The federal District Court dismissed the City’s complaint and the City appealed.

The Circuit Court characterized climate change as a “uniquely international problem of national concern” that is not suited for adjudication under state law. According to the Court, the City’s request for damages for the effects of emissions around the globe amounted to an attempt to regulate the Producers' behavior beyond the City’s borders. Regulating wide-ranging emissions is more appropriately done on a national level under the CAA, not on a state-by-state basis. The court also pointed out that the standards for nuisance laws are often vague compared to the more objective emissions standards set pursuant to the CAA

that the EPA enforces.

The City pointed to cases in other circuits that allowed state law claims of public nuisance against fossil fuel producers to proceed. (City of Oakland v. BP PLC, 969 F.3d 895 (9th Cir. 2020), Bd. of Cty. Commissioners of Boulder Cty. v. Suncor Energy (U.S.A.) Inc., 965 F.3d 792 (10th Cir. 2020), Rhode Island v. Shell Oil Prod. Co., 979 F.3d 50 (1st Cir. 2020), and Mayor & City Council of Baltimore v. BP P.L.C., 952 F.3d 452 (4th Cir.), cert. granted, 141 S. Ct. 222, 207 L. Ed. 2d 1165 (2020)). However, the Second Circuit pointed out that these cases were distinguishable for important procedural reasons.

All of the cases listed by the City were initially brought in state courts (Chevron was brought in federal court in the first instance) and the defendant energy companies sought to move the cases to federal courts. In those cases, the producers argued that the question of whether the CAA preempts state law nuisance claims would be more appropriately decided in federal court rather than state court. In other words, the only question before these courts was whether the federal courts or the state courts should decide whether the federal CAA preempts the state claims.

Ultimately, the other federal Circuit Courts were not saying that preemption did not apply, just that the state courts were competent tribunals to make that decision. The Second Circuit did not have to make that decision about where that issue could be decided, because the case before it was brought originally in federal court. That is why the Second Circuit was able to decide the substantive preemption issue.

The Fourth Circuit’s decision to allow a different case to proceed in state court was appealed to the U.S. Supreme Court, with an opinion expected in June of 2021. The Supreme Court could affirm the ruling that allows the state cases to go ahead, or it could rule that the CAA preempts state nuisance actions, as it has done with some aspects of New York City v. Chevron Continued on page 19

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Greg Kozera Learned Leadership LLC

A long way back, thanks to you!

At one of my first book signings for Just the Fracks Ma’am. I was at a small local bookstore in Charleston on a Saturday morning. Most of my high school soccer players and their parents showed up. We were having fun when a gentleman I didn’t recognize asked if I was going to do a book summary. I responded, “How about now.”

It turned out “the stranger” was head of the West Virginia Green Party. He had driven two hours with his entourage including a video person to see me. I was honored.

He came to trash my book and tell everyone about the evils of “fracking.” I wasn’t mentally prepared. It felt like I had been sucker-punched. I could see from their expressions my players didn’t come for this. Theirs eyes said, “Get him coach.”

My response to “Mr. Green Party” was a list of all the things the natural gas industry had done to not just protect but to improve the environment. My parting shot was, “We’re really the environmentalists, NOT YOU!” I was expecting him to tout his and his party’s environmental achievements.

What I got instead was a personal verbal attack in front of my players and their parents. He couldn’t think of a single environmental accomplishment by his organization. “Mr. Green” had nothing left but a personal attack that alienated the audience and hurt his cause.

Take a minute and think of all of the “environmental” organizations big and small. What have they done that has actually helped the planet?

Stopping the Keystone Pipeline damaged the environment.

Take a few moments to think about what just your company has done to improve the environment. Working for service companies for over 40 years, I can say every company has environmental successes. They don’t talk about them. They should. Here are just a few major things the oil and gas industry has done; • World Greenhouse Gas Emissions are continuing to increase. According to the Rhodium Group, Chinese GHG emissions have

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increased 60% to 14,400 MMT since 2007 as China increased manufacturing. U.S. GHG emissions have decreased 22% since 2007 to 5,160 MMT even with the increase in U.S. manufacturing since 2010. Natural gas is a major reason for the decrease.

The International Energy Agency (IEA) said the USA is the only major country meeting the Paris Climate targets. Increased natural gas use is a major reason.

Since 1984 in Virginia coal is being hydraulically fractured ahead of mining. Since the 1990s this methane is being put into pipelines for energy consumption instead of venting to the atmosphere. This project alone has kept millions of tons of GHG out of the atmosphere and been a major dependable source of energy.

Also, in Virginia several companies worked together to reclaim several thousand acres of coal strip mines turning it into a wild life habitat for a growing elk herd. There are still active gas wells on the acreage but the thriving animals and birds don’t care. Bird watching groups routinely come to the property to see birds that haven’t been in the area for decades.

NPR reported several years ago the air in New Delhi, India was so bad that 50% of school age children had COPD. If they had just been starving, our government and churches would have sent food. Your industry sent local natural gas through Cove Point, MD. My pastor who is from India reported the air in New Delhi is much cleaner. I asked, “What happened, Father.” He responded, “Natural gas.”

Renewables produce only one product, electricity. Molecules like methane, ethane, propane and butane are needed not just for energy but for feedstock. We can’t have thousands of consumer products, solar panels, modern windmills or electric cars without gas, oil and hydraulic fracturing.

Pollution is a global issue that has gotten

A long way back

Continued on page 17

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Thomas Downs WeatherBELL Analytics

WeatherBELL’s hurricane season forecast Our 2021 Hurricane Season Outlook calls for a high likelihood of multiple hurricane impacts along the U.S. coastline.

We are expecting another active hurricane season. The sea surface temperature forecast suggests that the storms will reach their strongest outside of the deep tropics.

WeatherBell is expecting 4-8 storms to produce hurricane conditions along the U.S. coast, with 3-6 landfalling hurricanes and 2-4 storms with major impacts.

For more information about WeatherBELL’s services and to get the hot-off-the-press forecast updates, please visit our website www.weatherbell.com or contact us at sales@weatherbell.com.

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Summer Meeting

Continued from page 1

make practice and tournament reservations at the Gun Club.

• Golf tee times are available Monday on the Meadows Course from 11:17 a.m. to 12:07 p.m.

• The mixed doubles tennis tournament takes place from 1:30 p.m. to 4:00 p.m. Monday at the Tennis Club.

Monday evening features dinner on your own.

Following dinner, wear your GO-WV badge and head to the casino for our After Dinner Reception at 8:30 p.m. The Casino Night fun will feature a private GO-WV bar and the opportunity to enjoy an evening of your favorite casino games. Music and dancing are also available.

Tuesday begins with our second set of industry presentations from 8:30 a.m. to 10:30 a.m. in the Eisenhower Room. Guest speakers will again include industry and government leaders.

The festivities then move back outdoors for more sporting fun. The Trap & Skeet Tournament enjoys its second day of competition from 9:30 a.m. to 3:30 p.m.

The shotgun-start golf tournament will take place on the Old White course Tuesday, August 3, beginning at 12:30 p.m. To sign up for the tournament, please contact Hill Herrick at (304) 5364909 or hill_herrick@greenbrier.com.

For those who aren’t golfing, we have a special treat...

Learn about the sport of croquet or play along with other experts on The Greenbrier’s beautiful croquet courts with views of the mountains and the spectacular Greenbrier landscape.

For your convenience, boxed lunches will be provided to all croquet enthusiasts. Enjoy your meal at your leisure at the croquet venue, as well as an assortment wines and beers for your enjoyment! We will meet at 11:00 a.m. at the Croquet Court (across from the Chapel). You will return to the rest of your day’s activities by 1:00 p.m. The fee for this special event is $150 per person.

Your Summer Meeting adventure concludes Tuesday evening with an awards reception at the Outdoor Pool from 7:00 p.m. to 8:00 p.m.

A Caribbean dinner will follow the awards reception, also at the Outdoor Pool, from 8:00 p.m. to 10:00 p.m. This special evening will conclude with music and dancing!

As a reminder, GO-WV will be adhering to all COVID-19 guidelines as shared by the CDC, the State of West Virginia and The Greenbrier. Please be prepared to bring and wear your mask and practice social distancing.

To make golf reservations or to make reservations for Trap and Skeet, call 1-800-624-6070.

You do not need to make reservations for the Tennis Tournament (just show up).

Please call Jessica Dowdy at (304) 536-1110 ext. 4943 or jessica.dowdy@greenbrier.com to make your room reservation by June 25.

Summer Meeting registration is open online at www.gowv.com. You can also use the sponsor form on page 22 and the registration form on page 23. See you there!

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Scholarship Recipients

Continued from page 1

West Liberty University. Her father, Douglas Jackson, is employed by Eagle Manufacturing.

Elijah Hannig has been named to receive the Kenny Greenlief Scholarship, funded

by Waco Oil & Gas. Hannig is graduating from Fairmont Senior High School and will be attending West Virginia Wesleyan College. His father, William S. Hannig III, is employed by Hundred Resources.

Kandace Robinson has been named to receive the Rubin Scholarship. This scholarship, funded by Steve Rubin, honors Dan, Sam and Stan Rubin, for their contributions to the oil and gas industry in West Virginia.

Robinson is graduating from Lincoln High School and will be attending Alderson Broaddus University. Her father, David Robinson, is employed by Antero Resources.

Kolton Hoffman has been named to receive the Brian Fox Scholarship which is funded by the Fox family to recognize his life and commitment to the oil and gas industry. Hoffman is graduating from Capital High School and will be attending West Virginia University. His mother, Tamara Hoffman, is employed by TC Energy.

Landon Hall has been named to receive the inaugural Duncan Malcolm Scholarship which recognizes his commitment to education and music. Hall is graduating from Bridgeport High School and will be attending West Virginia University.

Her mother, Jodi Hall, is employed by Arnett Carbis Toothman.

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Zachary Shaffer has been named to receive the ConServ Scholarship which is funded by the Freshwater family to recognize those serving the oil and gas industry. Shaffer is graduating from South Charleston High School and will be attending Fairmont State University. His father, Kevin Shaffer, is employed by Greylock Energy.

Dacey Arbogast has been named to receive a GO-WV scholarship. Arbogast is graduating from Elkins High School and will be attending Davis and Elkins College. Her mother, Brittany Arbogast, is employed

by Mountaineer Gas. Taylor Beam has been named to receive a GO-WV scholarship. Beam is graduating from Lewis County High School and will be attending Shepherd University. Her mother, Gerilyn Beam, is employed by CNX Gas. Tate Glover has been named to receive a GO-WV scholarship. Glover is graduating from Buckhannon-Upshur High School and will be attending West Virginia University. His father, Darren Glover, is employed by J. F. Allen.

SAVE the DATE! GO-WV Summer Meeting August 1-3, 2021

A long way back

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CHARLESTON, WV I PITTSBURGH, PA I HOUSTON, TX I SEWELL, NJ STATE COLLEGE, PA I WASHINGTON, DC

Continued from page 13

worse since manufacturing began to leave the USA in the 1970s. China’s GHG emissions have grown dramatically since they have become a manufacturing power. We can’t cut enough to undo China’s pollution. What we can do is use American oil and gas to bring manufacturing back to the USA. I grew up in Pittsburgh. We had a large family and couldn’t afford passes to the local swimming pool. When it was hot we swam in a nearby creek.

The water was orange from mine acid drainage.

We didn’t know every small community and trailer park dumped their raw sewage into that creek.

It was only by the grace of God we didn’t get sick.

Pittsburgh was also the Smokey City because of smoke and soot from the steel mills and other factories. The air in Pittsburgh had a foul smell.

We never got much sun. The smoke blocked it.

The environmental movement was born because enough people had enough and wanted change.

Most people knew we had to do something about the environment. We needed Earth Day which is now 51 years old. Government acted because people demanded it. It was a time of positive action.

The dire 1970s predictions of a future where everyone needed to wear masks and live underground because the environment was destroyed didn’t happen. We didn’t let it. In Pittsburgh the air is clean. The air in Charleston is cleaner today than 30 years ago. Tokyo, Japan has the largest population of any city on earth with 37+ million people. In 2018 when Lynnda and I were there, we were amazed by how clean it was. We did not see a scrap of paper or a cigarette butt on the ground. The air was clean. No smog or foul smells. The Japanese are creative and found ways to put millions of people in a small space and have a clean environment.

The creek where we swam as kids now has fish in it and ducks live there. No more orange water.

The air, water and soil are cleaner for my children than when I was growing up. My grandchildren have probably the cleanest environment since the founding of our country.

You are doing more for the planet than those who claim to be “environmentalists.” You are doers. Maybe it is time for us to tell them the truth.

Hope you had a happy Earth Day.

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1/30/20 1:55 PM

Burd’s Nest

Continued from page 4

WV State Tax Department officials, interested senate leaders, and GO-WV tax committee experts. With a great effort on the part of industry members and GOWV, the Senate Finance Committee version of the bill was amended on the floor of the Senate. The final modified language requires: (1) the Tax Commissioner to propose an emergency rule no later than July 1, 2021 that values property producing oil, natural gas, natural gas liquids, or any combination thereof, at fair market value determined through the process of applying a yield capitalization model to the net proceeds.

(2) Defines net proceeds to mean actual gross receipts on a sales volume basis determined from the actual price received by the taxpayers as reported on the taxpayer’s returns, less royalties, and less actual annual operating costs as reported on the taxpayer’s returns.

(3) Defines NGL’s to mean propane, ethane, butanes, and pentanes (also referred to as condensate), or a combination of them that are subject to recovery from raw gas liquids by processing in field separators, scrubbers, gas processing and reprocessing plants, or cycling plants. And (4) Defines actual annual operating costs to include lease operating expenses, lifting costs, gathering, compression, processing, separation, fractionation, and transportation charges. Down the final stretch, there were several individuals that work tirelessly to accomplish compromise language that drastically improved the final bill. HB-2581 was signed into law by Governor Justice on April 28, 2021, • House Bill 2842 was GO-WV supported “Ban the Ban” legislation that disallows communities and municipalities from enacting any code, ordinance, or land use regulation, that would prohibit or have the effect of prohibiting, the use of natural gas and other manufactured gasses like propane. HB-2842 was signed into law by Governor Justice on April 26, 2021.

• House Bill 3089 was GO-WV supported legislation that establishes all utility services provided to persons in the state are essential business activities. Further, during a state of emergency or state of preparedness, as set

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forth by the Governor, employees of utilities of the state shall be considered essential workers to ensure that utility services can continue to operate or be restored. HB-3089 was signed into law by Governor Justice on April 26, 2021.

• Senate Concurrent Resolution55 supported

by GO-WV that was adopted and supported the Atlantic Coast Pipeline project.

• Senate Resolution 35 supported by GOWV was adopted recognizing clean energy’s importance to WV’s energy future. That clean energy-including generation from renewable sources such as wind, solar, and hydro power as well as nuclear, clean coal technology, natural gas, and energy storage-plays an important role in West Virginia’s diverse energy portfolio.

Second, legislation that did not pass, but was supported by GO-WV: • House Bill 2598 was GO-WV supported legislation that would have modified the onerous regulations placed on them as part of the 2014 Aboveground Storage Tank Act and removed approximately 890 storage tanks of 210 barrels or less containing brine water or oil associated with production activities and located in Zones of Critical Concern passed the House of Delegates as introduced but, despite our best efforts, died while sitting in Senate Judiciary Committee awaiting further consideration. This bill was heavily opposed by environmental activists and garnered the attention of an environmentally sympathetic media in the Capitol City.

• House Bill 2853 and companion Senate Bill 538 was GO-WV supported legislation that would have provided for the unitization of interests in drilling units in connection with shallow horizontal oil or gas wells. While neither bill was considered in committee, they did prompt a stakeholder process between many interested parties, which did not result in compromise language to advance legislation. In addition to these two bills, there was a Senate Energy, Industry and Mining Committee (EIM) originating bill that, as presented on March 27 in EIM Committee, was a modBurd’s Nest Continued on page 19

Burd’s Nest

Continued from page 12

ified version of House Bill-2688 that failed on the last night of session in 2015 by a vote of 49-49. To Senate EIM Chairman Randy Smith and House Energy and Manufacturing Chairman Bill Anderson’s credit, the purpose of originating bill and discussion in committee was to keep the unitization discussion open to potential future legislation.

Finally, legislation that GO-WV opposed and, thankfully, did not pass: • House Bill 2081 would have required lessees of West Virginia real estate who make natural resources royalty payments for in-state property to any nonresident lessor, to withhold West Virginia personal income tax on natural resources royalty payments. This bill was opposed by GO-WV and several others.

View from the Dome

• Senate Bill 712 would have established an annual fee on all active oil or natural gas producing wells producing 10/Mcf/day as reported to the State Tax Commissioner in the previous reporting year. The annual oversight fee was set at $100 for each well and collectible on or after the first day of July each year.

This bill died in Senate Finance Committee This quick summary of activities does not remotely describe the immense effort expended to get these bills placed where they finished. It truly seemed every bill was an ugly duckling at the beginning and only through the efforts of the absolute best lobbying team ever: Phil Reale, Jim Fealy, and Daniel Hall with outstanding support of the Executive, Taxation and Governmental Affairs committee chairs, did, in the end, the ugly duckling take the shape of the swan.

Continued from page 3

allow future legislatures to control these specific areas of personal property taxation to be put to the voters. The amendment will appear on the ballot on the date of the general election in 2022. If adopted by the voters and acted upon by the legislature, adjustments to our business machinery, inventory, equipment, and motor vehicles taxes will make West Virginia more competitive and attractive to investment.

HB 2581: Providing for the Valuation of Natural Resources Property and an Alternative Method of Appeal of Proposed Valuation of Natural Resources Property West Virginia’s taxation methodology as it applies to oil and gas properties is antiquated and raises a constitutional question as to whether assessment is equal and uniform. This law addresses those concerns by redefining how oil and gas properties will be assessed in the future by (i) expanding the definition of operating expenses, which results in a reduction of well value, (ii) allowing operators to deduct more expenses incurred before the redefined point of sale, (iii) requiring the tax department to take large market price shifts into account, (iv) creating a new well classification system, and (v) reforming the appeals process. This law should boost oil and gas

operations and overall economic activity in West Virginia.

Overall, it was a productive legislative session that provides for job growth and a future road map to success.

Editor’s Note: Moore Capito is a Shareholder with Babst Calland in Charleston. He is currently Chairman of the Committee on the Judiciary and is serving in his third term in the West Virginia House of Delegates.

New York City v. Chevron Continued from page 11 the Clean Water Act. That would effectively end the state court cases. The Second Circuit’s decision, while not before the Supreme Court, could be persuasive to the Supreme Court, supporting a decision to conclude that state law nuisance laws must be dismissed as preempted by the CAA. The exhilarating procedural details of the Second Circuit’s opinion can be read here. We will continue to monitor and provide updates on the remaining state and circuit cases, as well as the Supreme Court’s handling of the issue. If you have questions or comments regarding this article, please contact Joseph Unger at junger@spilmanlaw.com.

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GO-WV Spring Swing sponsor form

2021 GO-WV Spring Swing Golf Outing Berry Hills Country Club, Charleston, WV June 7, 2021

________________________________________________________________________________________________ Company Name ___________________________________________________________________________________________________ Contact Name __________________________________________________________________________________________ Address ___________________________________________________________________________________________________ City

State

Zip

___________________________________________________________________________________________________ Telephone

Email

Sponsorship opportunities:

Diamond Event Sponsor _____ _____ _____ _____ _____ _____ _____

$5,500 (includes foursome fee, banner at event, logo on signage, on web site and in newsletter) Registration and player gift Breakfast Lunch Snack and beverage cart Door prizes Player awards Entertainment

Hole Sponsor

$1,000 (includes foursome fee, logo on signage at hole, on web site and in newsletter) _____ Hole number desired (based on availability)

Bronze Sponsor

$500 (includes logo on signage, on web site and in newsletter)

_____ Bronze Sponsor Please click here to register and pay online or return this form to GO-WV by May 7, 2021. Be sure to email a high resolution (300-dpi minimum) version of your company’s color logo to lmillersmith@gowv.com.

Thank you for your continued support!

300 Summer Street, Suite 820 | Charleston, WV 25301 | (304) 344-9867

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GO-WV Spring Swing registration form

2021 GO-WV Spring Swing Golf Outing Berry Hills Country Club, Charleston, WV June 7, 2021

________________________________________________________ Company Name ________________________________________________________ Address ________________________________________________________ City, State, Zip ________________________________________________________ Telephone

Please click here to register and pay or mail this registration form with payment by May 7, 2021 to: 300 Summers Street, Suite 820 Charleston, WV 25301 No Refunds after May 7, 2021 (unless event canceled) For additional information call Lori Miller Smith, (304) 3449867.

Note: Mulligans are $20 each, with a limit of two mulligans per player for a maximum of eight mulligans per team. Red tees are $20 each, with a maximum of four per team. One red tee allows all four players to shoot from the red tee. A full “mulligan and red tee package” per team is $240.

Name

Employer

Phone

Email

Registration Fees Golf fee per foursome @ $900 Individual mulligans: #_____ @ $20 each Individual red tees: #_____ @ $20 each

$ __________ $ __________ $ __________

Full mulligan and red tee package per foursome @ $240 TOTAL

$ __________ $ __________

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GO-WV Summer Meeting Sponsor Form

2021 GO-WV Summer Meeting Sponsorship Form

August 1-4, 2021 | The Greenbrier, White Sulphur Springs, WV

_________________________________________________________________________________________ Company Name Contact Person ____________________________________________________________________________________ Address City State Zip _______________________________________________________________________________________ Telephone Email

Sponsorship opportunities:

______ Elite Event Sponsor above $5,000 (call for availability) • Banner hung at sponsored event • Specific signage at sponsored event • Listing on Elite Sponsor board • Logo and name listed in event PowerPoint presentation • Logo listed in event program, web site page and newsletter ______ Diamond Event Sponsor $5,000 • Banner hung at sponsored event • Specific signage at sponsored event • Listing on Diamond Sponsor board • Logo and name listed in event PowerPoint presentation • Logo listed in event program, web site page and newsletter ______ Platinum Sponsor $3,000 • Listing on Platinum Sponsor board • Logo and name listed in event PowerPoint presentation • Logo listed in event program, web site page and newsletter ______ Gold Sponsor $2,000 • Listing on Gold Sponsor board • Logo and name listed in event PowerPoint presentation • Logo listed in event program, web site page and newsletter ______ Silver Sponsor $1,000 • Listing on Silver Sponsor board • Logo and name listed in event PowerPoint presentation • Logo listed in event program, web site page and newsletter ______ Bronze Sponsor $500 • Listing on Bronze Sponsor board • Logo and name listed in event PowerPoint presentation • Logo listed in event program, web site page and newsletter Please return this form to GO-WV, address below, by July 12, 2021. Be sure to email a high resolution (300dpi minimum) version of your company’s color logo and a link to your web site to lmillersmith@gowv.com.

Thank you for your continued support!

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GO-WV Summer Meeting Registration Form

2021 GO-WV Summer Meeting Registration Form

August 1-4, 2021 | The Greenbrier, White Sulphur Springs, WV Please complete and return this form, along with your check, by July 12, 2021. Please type or print the information as you would like your badge to read.

__________________________________________________________________________________________ Name on Room Registration ___________________________________________________________________________________________ Company Name ____________________________________________________________________________________________ Address _____________________________________________________________________________________________ City, State, Zip, Telephone Early-bird Registration Fees (before July 12, 2021) A) Member (per person) $ 375.00 B) Member’s Spouse $ 225.00 C) Children Under 21 (if attending GO-WV events) $ 100.00 D) Children Over 21 $ 225.00

E) Kate’s Mountain Only F) Kate’s Mtn. Only, < 21 G) Non-Member (per person) H) Non-Member’s Spouse

$ 200.00 $ 100.00 $ 600.00 $ 350.00

Individuals with special needs (mobility, access, medical diet, etc.) should indicate specific needs in a letter attached to your registration form.

Name as it should appear on badge

Circle one

Fee

____________________________________________

A B C D E F G H

$_________

____________________________________________

A B C D E F G H

$_________

____________________________________________

A B C D E F G H

$_________

____________________________________________

A B C D E F G H

$_________

____________________________________________

A B C D E F G H

$_________

Wicket Croquet Experience (for non-golfers)

$150

$_________

TOTAL

$_________

GO-WV • 300 Summer Street, Suite 820 • Charleston, WV 25301 Phone: 304-344-9867 • Fax: 304-344-5836 NO REFUNDS AFTER JULY 12, 2021 Golf Tee Times should be made directly with Hill Herrick: email hill_herrick@greenbrier.com or call 304-536-4909.

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300 Summers Street, Suite 820 Charleston, WV 25301 Phone (304) 344-9867 Fax (304) 344-5836

h

GO-WV Members As USI Insurance Services, we bring over 25 years of industry experience, a proprietary risk analysis process and a local team all supported by the expertise of more than 4,500 professionals nationwide.

Let us show you how the right plan and the right partner can help protect your company's people and physical assets.

Pete Thackston, Senior Vice President USI Insurance Services 418 8th Street, Suite 301, Huntington, WV 25701 304-638-7281 I Pete.Thackston@usi.comIwww.usi.com

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