Ohio Landowners Win Case Against Ascent Resources re Arbitration
In a significant ruling for Utica and Marcellus shale landowners, the Ohio Seventh District Court of Appeals affirmed a trial court’s decision denying a motion by Ascent Resources to compel arbitration in a lease-expiration dispute. The court ruled that when an oil and gas lease expires by its own terms without active production or drilling operations, the lease’s arbitration clause does not survive the lease’s expiration to govern subsequent disputes—such as claims of trespass and unauthorized drilling. To force arbitration on post-expiration events, a lease must contain explicit “survival” language or involve rights that accrued/vested while the lease was still active. Read More “Ohio Landowners Win Case Against Ascent Resources re Arbitration”
In mid-April, MDN brought you the great news that a major lawsuit had been filed against New York State alleging a “taking” of private property by the state via the state ban on fracking (see 
The U.S. House Judiciary Committee has issued its first subpoena in a probe of what it calls a coordinated climate litigation campaign against energy companies. The subpoena targets Roger Worthington, attorney for Multnomah County, Oregon. Multnomah seeks more than $51 billion from energy companies (and if they prevailed, Worthington’s law firm would get one-third of that, making every person working the case an instant millionaire). Chairman Jim Jordan and Rep. Darrell Issa are investigating possible coordination (collusion) between Worthington, the Environmental Law Institute, and its Climate Judiciary Project, despite CJP’s supposed neutrality. 
The U.S. Court of Appeals for the Ninth Circuit on Tuesday upheld the dismissal of a lawsuit brought by 22 “youths,” aged 7 to 25 (kids used as a prop by Big Green groups), challenging three Trump executive orders promoting fossil fuel production and domestic energy investments. The appeals panel affirmed that the plaintiffs lacked standing, finding they failed to demonstrate the executive orders directly caused their injuries and could only speculate about future agency actions to implement those orders. 
It seems that not all of the judges who sit on the U.S. Court of Appeals for the Fourth Circuit (4th Circuit) are clowns, the way the three judges who oversee cases dealing with the Mountain Valley Pipeline (MVP) Southgate project are (see 
About a month ago, MDN brought you the exciting news that a father and son who own land in Upstate New York (not far from MDN HQ) have sued New York State for “taking” their right to allow shale drilling and fracking under their land (see 
Just yesterday, MDN told you that three left-wing judges from the 4th Circuit (“Circus”) who hate the Mountain Valley Pipeline (MVP) were back at it, badmouthing an extension of MVP into North Carolina, called Southgate (see 