In yet another case of “know what’s in your lease,” an Ohio court (Fifth District Court of Appeals) has upheld the rights of a driller to not develop all portions (or layers) of leased acreage. The case is Bilbaran Farm, Inc. v. Bakerwell, Inc. The plaintiffs, Bilbaran Farm, claimed that the 275 acres they own was [...]
An insignificant handful of anti-fossil fuel agitators in Ohio have formed a group called Southeast Ohio Alliance to Save Our Water (SOASOW) and have sued the Muskingum Watershed Conservancy District (MWCD) because the MWCD won’t fork over their mailing list of customers so the SOASOW can send scare-tactic propaganda fliers. Poor babies. So now the SOASOW will [...]
Three town board members in the Town of Sidney (Delaware County), NY should be concerned–very concerned. They voted February 13th to enact a one-year moratorium against shale drilling and fracking. Two other board members voted against the moratorium, so it passed. Now, all residents of the Town of Sidney will have to shuck out more [...]
Although New York Gov. Andrew Cuomo has dithered for more than a year on whether or not to allow fracking–and continues his equivocation–there is a much more important drama unfolding that will ultimately, in our opinion, determine whether or not New York will ever see meaningful shale drilling. The more important issue is now in [...]
Does fracking cause water contamination? Anti-drillers have repeated the claim so often, and the claim has been picked up and repeated and amplified by the mainstream media so often, that it’s now almost an article of faith. Axiomatic. Self-evident. At a minimum, a wide swath of Americans who don’t know much about oil and gas [...]
A lawsuit in Marshall County, WV that previously escaped our notice has just been settled. Landowners David and Sharon Hall, owners of 116 acres, sued Chesapeake Energy and Statoil alleging damage to their surface property. The lawsuit also says Chesapeake did sloppy work on the drill pad, destroyed crops and destroyed timber on seven acres of the [...]
Six families in Fayette County, PA have filed a “nuisance” lawsuit against Chevron, Williams and WPX Energy claiming nearby gas drilling activities have “diminished their ability to make use of their property” and have ruined the “quite use and enjoyment” of their homes. The families claim they’ve suffered from the effects of “toxic chemicals” due [...]
We’re not quite sure how this one slipped by our radar, but a month ago the attorneys general from 13 brave states–1/4 of all states–sent a letter (copy embedded below) to the federal Environmental Protection Agency (EPA) drawing a line in the sand and saying, “Don’t step over that line” when it comes to regulating [...]
Unbelievable. The main campus of Penn State University, located in State College, PA, wants to convert an electrical-generating steam plant from burning coal to burn clean natural gas–and the Borough of State College refuses to let Columbia Gas run a pipeline underneath an uppity neighborhood (appropriately named “the Highlands”) to provide said clean-burning natural gas [...]
In yet another case of “be careful how you word your lease,” the Valley Rod & Gun Club (in Pennsylvania) leased land to Chesapeake Energy for drilling. The two disagreed over where the drill pad should be located and Chesapeake moved forward with a site they wanted against the wishes of the landowner. The landowner [...]
An important question for PA landowners whose leases are set to expire soon: When, exactly, does the law consider a driller has begun drilling? Sometimes drillers will do the bare miniumum to prepare a site without doing any actual drilling and declare they’ve met their lease obligation, and those very basic actions reset the clock, [...]
In a very high stakes game, a New York landowner and Norse Energy have rolled the dice and last week asked New York’s highest court, the New York York Court of Appeals, to accept their appeal of two lower court losses on the issue of so-called home rule. A copy of both appeals are embedded [...]
In the on-again, off-again antics of Cecil Township (Washington County), PA, things are “off again” when it comes to having a civil, private meeting with Range Resources to try and resolve the lawsuits Range filed against the town. Supervisors last night re-voted on a proposed meeting they previously approved (see When We Get Behind Closed Doors…Range [...]
In early April, MDN told you about a case referred to the West Virginia Supreme Court by a federal district court judge. Judge Irene Keeley requested the WV Supreme Court rule in a case over whether or not a driller can build a drill pad on a surface owner’s land for the purpose of getting [...]
Is this lights out for Norse Energy in New York State? The company owns leases for some 130,000 acres of land in New York State. All of it is in either the Marcellus or Utica Shale play window with 33,000 acres in the liquids-rich area, according to Norse. Just one problem: New York has not [...]
Someone at the Porter Wright Morris & Arthur LLP law firm has a sharp eye for marketing. Every few weeks they re-bundle some of their previous blog posts on oil & gas drilling and issue them as a downloadable ebook. They’ve done it again. Their latest is titled “Common Oil and Gas Lease Conundrums” and it’s a [...]
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