Peters Township Votes to Allow Fracking Under Town Property
Peters Township, the most populous township in Washington County, PA, is one of the seven selfish towns that sued the state in 2012 over the zoning provisions in the then-new Act 13 law, eventually winning at the PA Supreme Court level (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). The Act 13 victory gave townships like Peters the right to pass local zoning ordinances that restrict, but don’t outright ban, Marcellus/Utica drilling. Peters has been adept at using the victory to keep a defacto ban in place by “studying” the issue to death (see Peters Twp, PA Pretends to Debate Ordinance to Allow Drilling and Peters Twp, PA Continues to Delay Drilling by “Studying” It). Sooner or later you have to come down on one side or the other, and last September Peters decided to screw Marcellus drillers. Town council passed a new drilling ordinance (4-2) that says drilling is ONLY allowed in areas zoned for industrial uses, which rules out areas zoned for agricultural uses, where most drilling happens (see Peters Twp Gives the Middle Finger to Drillers One Final Time). Even the theoretical drilling that would happen in industrial areas, a grand total of 138 acres in the township, will have to be a “conditional use” with loads of permits and reviews. So we found it quite ironic that Peters Township Council threw their lordly “principles” right out the window last Tuesday when they voted (5-2) to give EQT a five-year lease on some of the township’s own land–for a signing bonus of $4,750 per acre, with 18% royalties–something they’ve denied every other landowner in the township…
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In December 2015 MDN told you about EQT’s application to drill a single shale well in Jefferson Hills (Allegheny County), PA (see
Once upon a time (in 2013), the oil and gas industry was expanding so rapidly that in places like North Dakota workers at the local McDonalds were getting a singing bonus and making $20/hour. No lie. Workers on drilling rigs and frack crews were paid a premium to keep working. But we became victims of our own success. So much oil and natural gas was produced, the market became saturated and prices crashed. And along with the price crash, rigs were idled and workers were laid off–in the tens and eventually hundreds of thousands. By the time of the deepest, darkest part of the down cycle (early 2016), some 350,000 workers in the industry had received a pink slip (see
There’s a reason hospitals and court rooms are frequently the settings for soap operas on TV–there’s always so much drama surrounding medicine and the law–the latter of which is our focus today. In January MDN reported what seemed like the final chapter in a long, drawn-out case between Marcellus driller EQT and the Pennsylvania Dept. of Environmental Protection (DEP). In October 2014, the DEP fined EQT a whopping $4.53 million for a leaky wastewater impoundment in Tioga County, PA (see
Increasingly landowners (and anti-fossil fuelers, sometimes one and the same) are attempting to employ the use of local law enforcement to prohibit pipeline companies from surveying their land–especially in Virginia. Survey crews for the Mountain Valley Pipeline, a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA, have the right under Virginia State law to enter a property without the property owner’s permission to survey–as long as they have sent a prior notice to the landowner with target dates of when they will be on location. However, some landowners (very small percentage) don’t want the pipeline and don’t want surveyors on their property–and have had their lawyers tell them so. When surveyors recently turned up on one property, the landowners called the State Police. The State Police (as well as local police) have a stated policy that they do not interfere with non-criminal matters. And surveying a property legally is not a criminal matter. However, the troopers came out and had a quick talk with the surveyors. The troopers did not eject the surveyors per se, but soon after the troopers left the surveyors did too. This is troublesome and problematic. Did the troopers put undue pressure on the surveyors to leave? Should the troopers have come to the property at all? Does the landowner have culpability in calling the cops for a non-criminal matter, wasting the troopers’ time?…
Yesterday the five justices of the West Virginia Supreme Court reheard a case involving post-production deductions from royalty payments. Last week we reported that the court *might* rehear the case this week–if they didn’t grant a late-breaking motion to dismiss the rehearing (see
In early April MDN reported that West Virginia’s effort to pass a law dealing with co-tenancy and joint development–what we called forced pooling lite–had gone up in pot smoke (see
EQT, one of the biggest drillers in the Marcellus/Utica, had quite a ride in 2016. A good ride! In the last 10 months EQT has added 220,000 acres to its Marcellus/Utica portfolio–by buying large tracts from other companies. One of the deals included buying the other company (Trans Energy) lock, stock and barrel (see
More twists and turns to report with respect to an issue we previously reported with the potential to impact every mineral rights owner and driller in West Virginia. In December MDN reported on the huge West Virginia Supreme Court decision against driller EQT that disallows EQT from deducting post-production expenses from royalty checks, even with signed contracts in place (see
Last October EQT announced a deal to buy Trans Energy, Inc., a public pure-play driller in the Marcellus in West Virginia, which will become a wholly-owned subsidiary of EQT (see
The Virginia Department of Environmental Quality (DEQ) announced yesterday that it would require water quality certifications under Section 401 of the federal Clean Water Act for each segment of both the Atlantic Coast Pipeline project (Dominion) and the Mountain Valley Pipeline project (EQT & NextEra Energy). Apparently the DEQ considered using the U.S. Army Corps of Engineers Nationwide Permit 12 process–a less rigorous review (saves about half a forest of trees in paper). But in the end, the DEQ said they were caving to political pressure from anti groups (our words), and instead put Atlantic Coast and Mountain Valley on notice to get ready for a detailed exam. It will be painful. However, it’s not anything either company isn’t already used to/hasn’t done before. We wouldn’t say “it’s no big deal,” but neither is this a show stopper. The more relevant question: Is the DEQ ready to review the blizzard of paperwork that will come at them, IN A TIMELY MANNER? The real question is whether or not the DEQ is equipped to conduct the extensive review they’ve now demanded, and what happens if they can’t?…
The Mountain Valley Pipeline (MVP) is a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA. The project, which filed an official application with the Federal Energy Regulatory Commission in October 2015, is being built by EQT, NextEra Energy and several other partners. The project has faced stiff opposition from landowners in both West Virginia and Virginia. Although the project is not yet fully approved by the Federal Energy Regulatory Commission (FERC), the project did get a favorable Draft Environmental Impact Statement from FERC last September (see
This is a story we have not previously covered on MDN. It goes back to 2010 and involves two of the biggest Marcellus/Utica drillers–although in this case the issue is not related to the Marcellus/Utica. Landowners in southwestern Virginia previously sued both EQT and CONSOL Energy’s CNX subsidiary over charges that EQT and CNX shorted landowners out of royalties owed to them, claiming post-production expenses, deductions for severance taxes, etc. that should not have been taken. The wells drilled were conventional wells–some 3,347 EQT wells and 4,261 CNX wells. The vertical wells targeted methane extraction from coal seams–not horizontal wells through shale, which is far more common today. Some lawsuits were green lighted as class action cases in 2013, with a potential for “thousands of landowners” to participate in sharing $30 million in payouts. Last week a federal judge certified three of the five class action lawsuits, allowing them to move forward…
The Mountain Valley Pipeline (MVP) is a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA. The project, which filed an official application with the Federal Energy Regulatory Commission in October 2015, is being built by EQT, NextEra Energy and several other partners. The project has faced stiff opposition from landowners in both West Virginia and Virginia. Although the project is not yet fully approved by the Federal Energy Regulatory Commission (FERC), the project did get a favorable Draft Environmental Impact Statement from FERC last September (see
In December 2016 EQT, one of the largest Marcellus/Utica drillers with its headquarters in the Pittsburgh area, released a forecast for 2017 (see