Unease Over PA Rule of Capture Case Spreads Nationwide
This much is clear: The “Briggs” court decision in Pennsylvania cannot stand as it is without threatening to end the shale miracle, certainly in Pennsylvania, and perhaps across the country. Some believe we’re making too much of the Briggs decision recently handed down by two judges sitting on PA’s Superior Court (see PA Superior Court Overturns “Rule of Capture” for Marcellus Well and PA “Rule of Capture” Case has Power to Limit Marcellus Drilling). The issue, in brief, is that the Superior Court decision disallows using an age-old principle called the “rule of capture” when it comes to shale drilling and fracking. It opens the door to a myriad of frivolous lawsuits claiming that a fracture, a crack created during fracking, is draining gas from a neighbor’s property without justly compensating the neighbor for the gas. Southwestern successfully argued in a lower court that the odd crack here and there that may slip under a neighbor’s property is permissible. The landowner appealed to Superior Court and three judges heard the case. Two of them voted to overturn the lower court decision in favor of Southwestern and sent the case back to a lower court where the landowners (the Briggs) now have to prove Southwestern trespassed and work out how much gas they believe was “taken.” Southwestern has asked the full Superior Court–all 20 judges–to hear the case again. No word yet on whether that will happen. We have, from the beginning, considered the Briggs decision to be an existential threat to the Marcellus industry in PA. In a recent Bloomberg article, some experts believe the threat has the potential to spread beyond PA. Below we explain how might happen, and provide some historical perspective on the rule of capture…
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You might think people who are not leased and live close to shale drilling activity, that is, those with the most “impacts” from that activity, would be the ones most opposed to it. However, you would be wrong. That’s according to a new study just published by the ultra liberal Oregon State University. A study appearing in monthly peer reviewed academic journal Risk Analysis titled, “The Effect of Geographic Proximity to Unconventional Oil and Gas Development on Public Support for Hydraulic Fracturing,” finds that the closer you live to shale drilling, even those who are not leased, the more supportive of it they are. Why is that? Because they understand it–they’re more familiar with it. MDN has spoken to residents in Susquehanna County, PA who live close to drilling yet are not, themselves, drilled on/under. Their opinion? Sure they’d like it if they got money. After all, they incur the impacts (trucks, noise, lights, dust), but don’t directly benefit with money in their pockets. Yet, when asked if they had a choice and could wave a magic wand so there never would have been drilling, the answer is swift and universal: NO! They still prefer nearby drilling, because it benefits their neighbors and, to some degree, the community at large via tax revenue and charitable contributions. Here’s news of a study that proves the closer you are to drilling, the more you like it…
A blockbuster article appearing in the Heritage Foundation’s publication The Signal connects the dots to show how a Russian-funded and backed front group called the Sea Change Foundation funneled (money laundered) millions of dollars of Russian money to Big Green groups, including the Natural Resources Defense Council and the Sierra Club, and then how those groups used that funding to pressure Gov. Andrew Cuomo into banning fracking in the Empire State. It is a case of either knowing, or unknowing, collusion with Russia to shut down the shale industry in MDN’s beloved home state. And yet mainstream media actively blocks any reporting of this story. It is complicated and tough to show enough evidence to take to a prosecutor or judge, but when has that ever stopped mainstream/liberal media? The biased press has hounded Trump mercilessly for two years over collusion with Russia–something that never happened. And yet we now have a story about money laundering in Bermuda and a trail that shows Russian money influencing a frack ban in New York–and it’s silence. Crickets. The press is curiously uncurious about a connection between Russia and Cuomo and the frack ban. Why is that?…
The Pennsylvania Dept. of Environmental Protection (DEP) released the results of it’s industry-leading program to monitor oil and gas wells for methane (and oil and brine) migration–that is, for anything would impact groundwater. The Mechanical Integrity Assessment Program, as it’s called, is “the most rigorous routine well integrity assessment program to protect groundwater in the United States,” requiring quarterly inspections by operators of their wells. The DEP is in the process of releasing the results of those reports for the past four years–from 2014-2017. They’ve just released results for 2014 (full copy below). What did the DEP find? “[L]ess than 1 percent of operator observations indicated the types of integrity problems, such as gas outside surface casing, that could allow gas to move beyond the well footprint.” In other words, there is virtually no methane migration happening from shale (and conventional) natural gas wells because of good well casings and regular checks. It is hard to overstate how important these findings are. The DEP’s own evidence disproves wild claims that methane is migrating from shale wells everywhere, claims made by anti-fossil fuel radicals and a colluding media (
In September, MDN told you that the obsequious members of the Delaware River Basin Commission (DRBC) had slavishly obeyed their radical environmental masters by voting to move forward with a permanent ban on fracking in the Delaware River Basin (see 
A debate is playing out in West Pike Run Township in Washington County, PA (near Pittsburgh) that we find interesting. A quick PA history lesson: Back in 2012 PA passed the Act 13 law to update oil and gas regulations to account for shale drilling. One of the updates was a uniform set of zoning requirements to protect residents and the environment. Unfortunately, seven selfish townships sued and eventually won (at the PA Supreme Court) challenging those regulations. So PA towns won the right to impose restrictions on drilling activities. In West Pike Run, the debate is over “setbacks”–how far does a well have to be from nearby structures, like homes and barns and businesses. State law imposes a minimum of 500 feet from the wellhead to an “occupied” structure–and 300 feet from the well to a body of water. In West Pike Run, antis want to up that number to 1,000 feet, which would effectively prevent any more drilling by EQT, the primary driller in the township. The town recently held a hearing on the proposed 1,000 foot setback, a hearing which has been continued to a future meeting on April 16…
In September, MDN told you that the obsequious members of the Delaware River Basin Commission (DRBC) had slavishly obeyed their radical environmental masters by voting to move forward with a permanent ban on fracking in the Delaware River Basin (see 
In October 2017, local officials in Plum, PA (Allegheny County) approved a plan by Huntley & Huntley (H&H) to drill a series of Marcellus wells on a single well pad in their municipality (see 
Last week the Delaware River Basin Commission (DRBC) held two public hearings in Philadelphia about its proposed plan to ban fracking in the Delaware River Basin (see 
Philadelphia is the sixth most populous city in the United States, with over 1.5 million residents. And yet *maybe* 120 people turned out yesterday for a Delaware River Basin Commission (DRBC) hearing on their proposed plan to permanently ban fracking in the Delaware River Basin. A pair of hearings were held earlier this week in rural northeast PA–in Waymart–where the turnout was upward of 150 people! Judging from the wild claims by green groups like THE Delaware Riverkeeper that thousands (millions!) of people don’t want fracking in the river basin, you’d think more than maybe 120 people would turn up for a hearing in a city like Philly. Could it be not all that many people in southeast PA give a hoot about fracking in two northeastern PA counties? That thought crossed our minds as we read the accounts of those who showed up at yesterday’s meetings in Philly. Yes, antis outnumbered those in favor of fracking, but that’s to be expected in Philly. Here’s a recap of yesterday’s meetings…
Yesterday saw the first two of six public hearings held by the Delaware River Basin Commission (DRBC) on their plan to permanently ban fracking in the Delaware River Basin. The hearings were held in Waymart (Wayne County), PA. The DRBC frack ban would essentially ban shale drilling in two northeastern PA counties: Wayne and Pike. Landowners there have been battling the DRBC going on 10 years. At first it was a temporary ban (like New York’s). Now it has metastasized into a full blow permanent ban–if DRBC gets its way. Below we have two reports–one from mainstream media, the other from MDN friend Tom Shepstone, who hilariously was called “Crapstone” by an anti addressing one of the hearings. You know you’re being effective when they start calling you silly names! Tom said it was landowners versus special interest group groupies at both hearings. Here’s an update on what happened…
Sometimes it’s hard not to grow weary fighting against Big Green and their seemingly endless sources of funding (and a sympathetic mainstream media) when it comes to the issue of fracking. The very word itself, fracking, is a moniker slapped on the industry as a way of implying there’s something dirty and vulgar about what we do. We can’t tell you how many times readers have lectured us to not use that word–fracking. But the word is now entrenched in the public psyche, so we use it. How do we effectively counter the wrong/false statements and arguments used by Big Green and their supporters? Simply using facts and science, to counter the emotional puking that comes from Big Green, is not enough. The United Kingdom is now entering a phase long past here in the U.S. The U.K. is just now beginning to drill and frack its very first wells. There are more than 300 anti-fracking groups in the U.K. and an almost endless barrage of negative press about fracking in the country. The head of communications recently granted an interview to PR Week about how they are countering the opposition there. It’s an excellent interview and gives us some ideas about how we might counter the opposition on this side of the pond…