Energy Companies

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    NEPA Landowners Fight to Sue Chesapeake’s Partners

    We’re going to take a stab at this, and we are not confident we will get it 100% right. With that as a warning, we recently reported that a case brought by landowners in northeastern PA against Chesapeake Energy over unwarranted royalty deductions suffered a bit of a setback (see Chesapeake Scores Court Victory to Prevent PA Royalty Class Action). Essentially, the landowners (in this case Scout Energy) argued that since the leases signed say royalty disputes must go to arbitration, we want mass arbitration. A class action, in other words. In May, U.S. District Judge Matthew Brann of the Middle District of Pennsylvania (overseeing the case) issued an opinion that said Chesapeake is right in demanding each case get arbitrated individually–not as part of a class action. The landowners in four cases (all of which seem to be joined, or at least moving along together) filed briefs last week to make a new argument. And here’s where we are not 100% sure, but we think the argument is this: OK, we have to go to arbitration and now it has to be individually. However, there are other defendants named in the case (Anadarko, Williams, Statoil, Mitsui E&P). Since the lease language says the lease is between the landowner and the driller (i.e. Chesapeake), that means the other defendants are NOT covered by the arbitration clause and we (the landowners) can still sue them as a class action. Why? Because (allegedly) those companies colluded together with Chesapeake to “reduce, restrain or eliminate competition for gas and mineral rights, operations rights and gathering serves in multiple counties in Northern Pennsylvania.” Oy vey! It keeps getting more complicated as the days go by…
    Read More “NEPA Landowners Fight to Sue Chesapeake’s Partners”

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    Radicals File Lawsuit Against WV DEP for Approving MV Pipeline

    A group of profoundly radical “environmental” organizations filed a lawsuit in the U.S. Court of Appeals for the Fourth Circuit last Friday against the West Virginia Dept. of Environmental Protection–for doing their job. Sierra Club, West Virginia Rivers Coalition, Indian Creek Watershed Association, Appalachian Voices and Chesapeake Climate Action Network has sued the DEP because the department had the audacity to conduct a very thorough review, and then issue a stream and water-crossing permit (demanded under federal law) for the Mountain Valley Pipeline (MVP). 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. This is now SOP–standard operating procedure–for Big Green groups with deep pockets. Sue and keep suing in an attempt to slow and eventually kill off any project that remotely involves fossil fuels. Yes, they are RADICAL, they are EXTREME, waaaaaay outside the mainstream of American society. And they MUST BE STOPPED. When will someone launch weekly lawsuits against these Big Green organizations? Here’s the latest maddening development…
    Read More “Radicals File Lawsuit Against WV DEP for Approving MV Pipeline”

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    Exxon Takes Aim at NY AG’s “Heads I Win, Tails You Lose” Witch Hunt

    On Friday, Exxon Mobil took the gloves off and went after the out-of-control New York Attorney General Eric Schneiderman. Last year Schneiderman decided he would try to shake down Exxon for billions of dollars, claiming the company wasn’t being honest with shareholders about the threat of man-made global warming, which doesn’t actually exist. He said Exxon should have done more to warn shareholders that they invest in a filthy, rotten, human-killing Big Oil company–a company whose stock will someday implode. We’ve covered Schneiderman’s witch hunt from the beginning (see our stories here). Schneiderman tried to enlist the assistance of other attorneys general, including the fruity Maura Healy from Massachusetts. Some (like Healy) have stayed with him, others abandoned him when it became obvious Scheiderman was behaving like Captain Ahab in Mody Dick, hunting his own great white whale. Schneiderman originally said Exxon underplayed the threat of global warming. Recently, he changed it up and now says Exxon has overplayed the threat. He’s desperate. On Friday, Exxon, in responding to this latest change in tactic, said Scheiderman is making “inflammatory, reckless and false allegations.” You don’t get any more plain-spoken than that! This is now a bare knuckles fist fight. We’re betting on Exxon…
    Read More “Exxon Takes Aim at NY AG’s “Heads I Win, Tails You Lose” Witch Hunt”

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    Amazing: Cabot O&G Invests $4.6 BILLION in One PA County in 10 Yrs

    Something truly amazing is happening in rural Susquehanna County, PA, nestled in the northeastern corner of the state (shares a border with Broome County, NY, where MDN is located). At a special event yesterday held in Montrose, the county seat, Cabot Oil & Gas announced a major milestone. Cabot has, over the past ten years, paid out $1 billion in royalties and another $500 million in lease bonuses. Did you catch that? In a single decade, Susquehanna County has received a $1.5 BILLION economic stimulus in private money flooding into the county–from just one of the major drillers working in the county. And that doesn’t include $3.1 billion spent on equipment and crews to do the drilling (a number we verified with Cabot)! There are other companies drilling in Susquehanna County as well. In very real, practical terms, that means school taxes have not gone up–in years. Property taxes have actually gone DOWN. Mortgages have been paid off. Kids have gone to college–without incurring years of debt hanging over them when they graduate. Story after story was shared of how Cabot’s drilling program has resulted in radically changed (for the better) lives in Susquehanna County. Cabot has pulled some 3 trillion cubic feet of natural gas out of what Cabot rep George Stark says is “the sweetest spot to be” in the country. Little known factoid: A single company (Cabot) drilling in one county (Susquehanna) produces nearly 3% of the entire natural gas output in the United States. Amazing! You know what’s even more amazing? Binghamton media blocked all reporting about this major news….
    Read More “Amazing: Cabot O&G Invests $4.6 BILLION in One PA County in 10 Yrs”

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    Dela. Riverkeeper Loses Martian Case to Stop Rex Energy Drilling

    THE Delaware Riverkeeper (i.e. Maya van Rossum) and a small group of anti-drilling parents from the Mars School District (“Martians”) in Butler County, PA, have just suffered a crushing defeat in their years-long battle to prevent Rex Energy from drilling wells “near” a local school. Backed by money and legal help from Philadelphia Big Green groups Delaware Riverkeeper and Clean Air Council, the Martians filed frivolous lawsuit after frivolous lawsuit. The effort is aimed at denying landowners in Middlesex Township revenue from legally permitted drilling. The lawsuits have cost the taxpayers of Middlesex Township over $80,000 in legal fees. Even amid the back and forth lawsuits, at least two of the wells were permitted and drilled by Rex Energy, despite the bleatings of the Martians (see Martian Victory! 2 Wells Near Mars School Nearly Done Drilling). But that didn’t stop the frivolous lawsuits. Using legal assistance from THE Delaware Riverkeeper, the Martians appealed a town ordinance that allows the wells to be drilled about 3/4 of a mile from the local Mars School. A panel of three western PA judges in Commonwealth Court heard arguments in the case last November (see Martians Use Riverkeeper to Continue Court Battle Against Rex). This week the three-judge panel ruled–against Riverkeeper and the Martians… Read More “Dela. Riverkeeper Loses Martian Case to Stop Rex Energy Drilling”

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    Southwestern Energy CFO Craig Owen Leaving for Rosehill Resources

    Southwestern Energy, a huge driller which operates mainly in the Marcellus/Utica region, is losing its chief financial officer, Craig Owen, to a “non-competing” driller, Rosehill Resources. Rosehill drills in Texas and New Mexico, focusing on the giant Permian Basin oil play. Apparently Rosehill made Owen an offer he couldn’t refuse. We certainly don’t take this as bad news for Southwestern–other than losing a talented bean counter. It’s not an indication of problems at Southwestern–just somebody furthering his career. You can’t fault Owen for that. Meanwhile, Southwestern has hung out the “help wanted” sign for a new CFO, in case you know of someone…
    Read More “Southwestern Energy CFO Craig Owen Leaving for Rosehill Resources”

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    Wyoming County Landowners Organize re Low Royalties; Arbitration?

    Pennsylvania’s landowners, at least many of them, continue to be angry about getting low–or no–royalty checks. That’s not what they signed up for when leasing their property. A group of 200+ landowners packed a meeting last week in Wyoming County, PA to discuss the situation, and what to do next. The meeting was organized by the Pennsylvania Chapter of the National Association of Royalty Owners (NARO). One distinct possibility raised at the meeting: force Chesapeake (and others) into arbitration. NARO’s approach is to push for legislation, specifically PA House Bill (HB) 557 (see PA Rep. Garth Everett Reintroduces Minimum Royalty Bill, 3rd Time). NARO encouraged attendees to share their royalty stories with lawmakers, telling attendees such stories have an impact. Here’s what happened last week in Wyoming County… Read More “Wyoming County Landowners Organize re Low Royalties; Arbitration?”

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    PA Court Rules Compressor, Gas Well Not “Single” Emission Source

    A somewhat obscure court case in Pennsylvania has potentially big implications for drillers who also own pipeline subsidiaries. In Lycoming County, PA, Seneca Resources (subsidiary of National Fuel Gas Company) drilled a series of wells on a pad called Well Pad E. Another NFG subsidiary, NFG Midstream, connected gathering lines to Well Pad E. NFG Midstream operates a compressor station to push the gas through the pipeline system. Both the well pad and the pipeline/compressor station are subject to air emissions regulations by the state Dept. of Environmental Protection (DEP). Each subsidiary on its own–the well pad, and the compressor station–don’t produce enough emissions to trip a costly upgrade in technology. However, if you combine both together into a single “source,” the two together do cross the threshold and would cost NFG big bucks in emissions technology to comply. The DEP lumped both together and told NFG to upgrade their emissions technology. Thing is, if another company owned the pipeline system, say Williams, the DEP would not have tried combining the two into a single source. So NGF appealed the DEP decision to the Environmental Hearing Board (EHB), a quasi-court set up to hear appeals of DEP decisions. The EHB found in favor of the DEP, so NFG appealed it again, this time to PA Commonwealth Court. Last week the court overturned the DEP decision and said just because two subsidiaries have the same parent, you can’t just lump them together as a single source for air emissions regulations… Read More “PA Court Rules Compressor, Gas Well Not “Single” Emission Source”

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    Rex Energy’s Stock Out of Woods, NASDAQ Won’t De-List

    Rex Energy, a driller focused mainly on the Marcellus/Utica (headquartered in State College, PA), has had its share of financial challenges. It has swapped out IOUs for new IOUs, converted debt into equity (shares of stock), sold off assets in other basins–a whole lotta stuff to keep on drilling (see our Rex Energy stories here). The company’s stock has taken a big hit over the past five years. Rex’s stock (REXX) is traded on the Nasdaq Stock Exchange and last December Nasdaq told Rex the stock would remain listed for the time being–but only if the company could get meet the minimum requirement of the per share price trading for at least $1/share for 10 consecutive trading days (see Rex Energy Stock Threatened with De-Listing by Nasdaq). Nasdaq gave Rex until June 17 of this year to comply–or get banished to the penny stock pink sheets. A common “fix” for low per-share stock prices is to combine outstanding shares into a smaller number of shares–something called a reverse stock split. In May, Rex conducted a 1-for-10 reverse stock split, combining 10 outstanding shares into 1 outstanding share, thereby boosting the per share price (see Rex Energy Offers 1-for-10 Stock Split, Updated 2-Yr Plan). The plan worked. On May 30, Nasdaq informed Rex they are now out of the woods and no longer in danger of being de-listed… Read More “Rex Energy’s Stock Out of Woods, NASDAQ Won’t De-List”

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    Is Virginia Governor Race a ‘Referendum on Pipelines’?

    Will Virginia in the south become what New York is in the north: a block to Marcellus/Utica gas leaving the region? Perhaps. At least, that’s what radical environmentalists are hoping is what happens. On June 13 Virginia will hold a primary. We recently wrote about its importance (see Fate of 2 Important Pipelines May Rest in Virginia Governor Race). Former Congressman Tom Perriello (far-left Democrat) says he’ll block both the $5 billion Atlantic Coast Pipeline and the $3.5 billion Mountain Valley Pipeline if he wins the primary and the general election. He may well win it. Antis are positioning this primary and the election as “a referendum on pipelines.” The brutal truth is that most people in the Old Dominion could care less about pipelines. It is only a small cadre of gentry-class horse farmers and radical anti-fossil fuelers who oppose the pipeline projects. But if you read local news, you wouldn’t know that. We’d like to say, “Hey, it doesn’t matter who wins, the law is the law and a governor can’t stop a federal pipeline project.” But then, we’re from New York where that is exactly what has happened! At least so far. Both the Constitution Pipeline (Williams) and the Northern Access Pipeline (National Fuel Gas Company) have been blocked by Democrat Gov. Andrew Cuomo for political reasons. Both pipelines have taken the state’s Dept. of Environmental Conservation to court, where it’s quite possible, even likely, the state will lose. However, nothing is 100% certain–and because of Cuomo’s actions, both pipelines are now years delayed. Our concern is that a major delay may happen in Virginia too, if the state elects someone like Perriello…
    Read More “Is Virginia Governor Race a ‘Referendum on Pipelines’?”

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    OH Sen. Portman Tours Rice Energy Well in Belmont, Voices Support

    Last Thursday Rice Energy President Toby Rice gave Ohio U.S. Senator Rob Portman a tour of the “Son Uva Digger” well pad in Belmont County, OH. Cool name. Although no doubt Portman thought of the trip as a photo-op, from his comments following the visit, it sounds like Portman actually learned something. Portman now “gets it” with respect to rapid changes in technology that have vastly reduced the footprint of drilling operations–better for the environment, less hassle for residents who live nearby. He also gets just how much money shale drilling is pumping into the local, state and national economy. Sounds like the Rice brothers have made a convert of Sen. Portman–so three cheers for them! This is how we win the battle–one person at a time. And if that person happens to be a U.S. Senator, all the better. Here’s how it went last week when Rob went to Belmont… Read More “OH Sen. Portman Tours Rice Energy Well in Belmont, Voices Support”

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    WV Drillers & Landowners Want New Law re Post-Production Issue

    Earlier this week MDN reported on the recent West Virginia Supreme Court decision to reverse it’s earlier decision and allow EQT (and by extension, other drillers) to deduct some post-production expenses from royalties paid to landowners (see WV Supreme Court Reverses Itself, Post-Production Deductions OK). The Leggett v. EQT case turned on the meaning of three short words: “at the wellhead” (see WV Supreme Court Post-Production Royalty Case Hinges on 3 Words). This latest final final decision must be the…well…final decision, right? Not so fast. There is another Supreme Court case from 2006, Tawney v. Columbia Natural Resources, which also dealt with post-production expenses and found drillers do not have the right to deduct them from royalties. But there are differences. “Leggett deals with the statute on royalties, while Tawney is about lease contracts.” It’s a pretty safe bet that a new case will be filed challenging Tawney in light of the Leggett decision. All of this back and forth in the courts is unsettling for both drillers and landowners. Both sides are in agreement about one thing: They both want the WV legislature to pass a new law clarifying the issue of post-production deductions…
    Read More “WV Drillers & Landowners Want New Law re Post-Production Issue”

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    Uptick in Utica Drilling Predicted for Jefferson County, OH

    Jefferson County, OH is not the first (or even second or third) county you think of when you think “Utica drilling.” But that may soon change. Jefferson shares borders with other counties that are heavily drilled–Carroll, Harrison and Belmont. There has been some drilling in Jefferson in the past, but with the slowdown over the past few years, not much has happened. But according to Ascent Resources and Chesapeake Energy, their respective companies are putting a renewed focus on the county in the coming months. Which is good news indeed. Couple that with a possible ethane cracker plant coming to Belmont County, and (according to the Chamber of Commerce), Jefferson is heading for “a brighter future” thanks to the Utica industry… Read More “Uptick in Utica Drilling Predicted for Jefferson County, OH”

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    Alpha Natural Resources Sells 120 Gas Wells in WV

    On Tuesday Alpha Natural Resources (ANR) announced it was divesting “substantially all of the assets” in two different operations in West Virginia, one of those being a natural gas operation with “120 producing natural gas wells in five counties.” Which got us digging. We recalled that ANR went bankrupt last year and ended up selling 27,400 acres of Marcellus/Utica Shale leases to Vantage Energy for $339.5 million (see Vantage Outbids Rice For Bankrupt Alpha Natural’s 27K Marcellus Acres). That was all of ANR’s Marcellus assets. So what’s with this new deal to sell 120 gas wells in the Mountain State? And which five counties are the wells located in? The announcement didn’t say. So we reached out to ANR and got you some answers…
    Read More “Alpha Natural Resources Sells 120 Gas Wells in WV”

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    WV Supreme Court: Non-Participating Rights Owner Can’t Stop Lease

    Just yesterday we told you about an important court case that had gone to the West Virginia Supreme Court of Appeals (see WV Rights/Pooling Case May have Big Impact on Shale Industry). In brief, the case was appealed from a lower court where a judge found that a “non-participating” mineral rights owner, someone who owned a quarter of the rights for a property in Marshall County, had the power to object and stop a lease of the property for oil and gas drilling. We thought it strange that the lower court judge would make such a decision, which threatens to up-end thousands of leases in WV that are similar. Little did we know that as we were publishing that story, the WV Supreme Court was rendering its decision. All five justices voted to overturn the lower court ruling and preserve sanity for leases in the Mountain State… Read More “WV Supreme Court: Non-Participating Rights Owner Can’t Stop Lease”

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    PA Hearing Board Reduces EQT Fine from $4.5M to $1.1M

    In October 2014, the Pennsylvania Dept. of Environmental Protection (DEP) fined Marcellus driller EQT a whopping $4.53 million for a leaky wastewater impoundment in Tioga County, PA (see PA DEP Levies Biggest Fine Ever, $4.5M Against EQT). While EQT did not say there wasn’t a problem with leaks at the site, they did say the way the DEP calculated the fine is unreasonable and arbitrary. EQT appealed the fine and the case all the way to the PA Supreme Court. In December 2015, the high court handed EQT a “procedural victory” by saying EQT has a point about the manner in which the DEP is calculating the fine (see PA Supreme Court Gives EQT “Procedural Victory” in $4.5M Fine Case). The Supreme Court sent the case back to a lower court, PA Commonwealth Court, for follow up work, and in January 2017, a three-judge panel ruled that the method the DEP currently uses to assess fines–by how many days pollution lingers, instead of by how many days the initial release of pollution lasted–is not legal nor common sense (see EQT Wins Court Case Against PA DEP re $4.5M Wastewater Leak Fine). The judges said such a method in fining, “would result in potentially limitless continuing violations.” Under the old way of calculating fines, the DEP was considering upping the fine on EQT to an insane $157 million. Calculating it under the new way will mean a fine of around $120,000. We thought with that ruling it was all done and dusted. Not so. The soap opera continued when the DEP appealed the Commonwealth Court panel’s ruling back up to the PA Supreme Court where the Supremes will consider it all over again (see DEP Appeals $4.5M Wastewater Leak Fine Against EQT to Supremes). Into this mess, let’s now throw in another wrinkle. While the courts have been grappling with issues of procedure and whether or not the DEP can assess fines the way it claims it can (that is, Constitutional issues), at the same time the matter was brought up before the PA Environmental Hearing Board (EHB), a sort of quasi-court set up to hear appeals of decisions made by DEP. The EHB has decided to adjust the fine down significantly–from the DEP’s initial levy of $4.53 million down to $1.1 million. Here was their reasoning… Read More “PA Hearing Board Reduces EQT Fine from $4.5M to $1.1M”