Litigation

  • | | | | | |

    Michigan Judge Rules Rover Pipeline Can Access Holdout Properties

    On Feb. 3, the Federal Energy Regulatory Commission (FERC) gave its final approval to Energy Transfer’s Rover Pipeline project–a $3.7 billion, 711-mile Marcellus/Utica natural gas pipeline that will run from PA, WV and eastern OH through OH into Michigan and eventually into Canada (see ET Rover Pipeline Gets Final Approval by FERC). When FERC approves a project like Rover, the project automatically gets the power to invoke eminent domain against landowners who refuse to sign easements to allow the pipeline. Rover has done that in several states, including Ohio and Michigan. Landowners who own 116 tracts of land in Michigan where Rover will traverse have refused to negotiate or allow Rover access to their land. Those days are over. A federal judge in Michigan has just ruled Rover can immediately seize land along the route of the pipeline and begin tree clearing and construction…
    Read More “Michigan Judge Rules Rover Pipeline Can Access Holdout Properties”

  • | | | | | |

    NY’s AG Schneiderman Sowing the Seeds of His Own Destruction

    New York’s corrupt Attorney General, Eric Schneiderman, is getting desperate. We want to go on record as one of the first to say he’s sowing the seeds of his own destruction. Schneiderman is a train wreck waiting (and about) to happen. We refer, of course, to Schneiderman’s eerie similarity to Captain Ahab in Moby Dick in attempting to hunt down ExxonMobil, Schneiderman’s great white whale. Recently Schneiderman, in cooperation with a sycophantic mainstream media, released information that former CEO Rex Tillerson (now Secretary of State) had a second email account. But unlike Hillary Clinton, Tillerson’s second account was not on a private server and was not used (as Schneiderman alleges) to secretly discuss how Tillerson “knew” burning oil and other fossil fuels causes mythical man-made global warming. Schneiderman’s action in running to the press to “reveal” a “secret” email account is a faint–a way to misdirect people from the real story, which is that Schneiderman continues to refuse to disclose his own emails that prove this whole Exxon witch hunt began when Schneiderman colluded and closely coordinated with the Rockefeller Brothers Fund, Rockefeller Family Fund, and billionaire green activist Tom Steyer. A log of emails shows coordination just prior to the launch of the #ExxonKnew campaign for which Schneiderman is the point man. He’s desperate to avoid releasing his own emails–emails that will implicate him…
    Read More “NY’s AG Schneiderman Sowing the Seeds of His Own Destruction”

  • | | | | | |

    Some Ohio Landowners Say Rover Violating FERC Tree Clearing Order

    A group of approximately 250 Ohio landowners, represented by an Ohio eminent domain law firm, is doing its best to stop Energy Transfer’s Rover Pipeline project dead in its tracks. Rover is playing beat the clock to finish tree clearing following a Federal Energy Regulatory Commission (FERC) final approval of the project on Feb. 3 (see ET Rover Pipeline Gets Final Approval by FERC). In order to comply with the batty regulation to have trees cleared no later March 31 (due to roosting bats that are protected), Rover moved immediately to begin the tree clearing process. Most Ohio landowners have granted easements and permission to Rover to clear trees. But there are those that have not–either because they want more money, or because they’re anti-fossil fuelers. Regardless, Rover has the right to do it and is using eminent domain procedures to do it. The group of 250 trying to stop Rover has taken two actions: (1) filed a complain with FERC claiming Rover is violating the terms of FERC’s order by not giving landowners advanced notice before clearing trees, and (2) filed a lawsuit in Ohio federal court asking for a restraining order. Will it work?…
    Read More “Some Ohio Landowners Say Rover Violating FERC Tree Clearing Order”

  • | |

    4 Things to Know re Trump’s Energy Orders/Repeals

    President Trump has issued a number of Executive Orders to overturn some of the egregious over-regulation that popped up during the reign of terror known as the Obama Administration. Some of the orders encourage new pipeline development (Keystone XL and Dakota Access). Some “require” American-made pipelines to be used when building new pipeline projects. Some roll back truly onerous regulations like Waters of the United States (WOTUS)–which puts all bodies of water down to the size of mud puddles under EPA authority. Trump has been going great guns. But, those orders may not be a slam dunk, given our court system populated with Obamadroids. Here’s four things to consider, to be aware of, when it comes to Trump’s Executive Orders and directives aimed at the energy industry…
    Read More “4 Things to Know re Trump’s Energy Orders/Repeals”

  • | | | | | |

    Antis Attempt to Stop Atlantic Sunrise Pipe by Attacking FERC Order

    Sometimes this regulatory stuff gives us a headache. Like today. A common practice by anti-fossil fuel nutters when opposing a pipeline project at the Federal Energy Regulatory Commission (FERC) is to request a “re-hearing” on a decision FERC has made to authorize a project. It’s just standard operating procedure. If the antis can get FERC to agree to a re-hearing, it effectively slows, even stops, an active pipeline project. So in an effort to prevent important projects from being slowed or stopped, FERC developed something called a “tolling order”–which grants FERC more time to consider whether or not a full re-hearing is justified. During the time of the tolling order (which can last up to six months), work on a pipeline continues. Sometimes the work even gets completed! Which of course drives the antis bonkers. Antis claim FERC uses tolling orders to avoid lawsuits. You see, antis can’t take their frivolous cases to a court until FERC has officially denied a re-hearing request. So by using a tolling order, FERC can drag out the process of deciding to deny a re-hearing, avoiding the inevitable frivolous lawsuit that comes with it, and work on important projects gets done. This is how things must operate in our litigious society that tolerates the antics of anti-fossil fuelers (with seemingly bottomless pockets of money to litigate every project). New wrinkle: When FERC Commissioner Norman “cry baby” Bay resigned in a huff effective Feb. 3, it left FERC without enough Commissioners (without a quorum) to vote on tolling orders, re-hearing requests, etc. So on Feb. 3, before Bay left, the existing three Commissioners delegated their authority over re-hearings and tolling orders to FERC staffers–until a new Commissioner is appointed and sworn in. Antis against Atlantic Sunrise are using the delegated tolling order issue against FERC in their attempt to stop commencement of construction on Williams’ Atlantic Sunrise Pipeline project, claiming they are being deprived of their “due process”…
    Read More “Antis Attempt to Stop Atlantic Sunrise Pipe by Attacking FERC Order”

  • | | | | | | | |

    West Goshen’s Last Stand to Stop Mariner East 2 Pipeline

    There are a few last, desperate gasps at attempting to stop Sunoco Logistics Partners’ Mariner East 2 natural gas liquids (NGL) pipeline from being built. The pipeline is currently under construction (see Mariner East 2 Pipeline Constructions Begins Across PA). Even though trees are getting cut and pipeline is being laid, that doesn’t stop libs in places like West Goshen Township (Chester County, near Philadelphia) from attempting to deny Sunoco a zoning permit for a valve on the pipeline. Sunoco has politely, but firmly, told West Goshen the pipeline doesn’t need a permit from the town to install a valve because it’s a state-permitted project. In other words, go pound sand. Sunoco plans to move forward, at the appropriate time, with installation and wants assurances from West Goshen the town won’t send in a local cop to stop them. It could get messy…
    Read More “West Goshen’s Last Stand to Stop Mariner East 2 Pipeline”

  • | | | | | | |

    Gorsline Zoning Case Argued Before PA Supreme Court Justices

    Not long after the Pennsylvania legislature passed the Act 13 Marcellus Shale drilling law in 2012, signed into law by then-Gov. Tom Corbett, seven selfish towns sued, claiming they should have the right (via zoning laws) to determine just where an oil and gas well can be located within their borders. The challenge was brought by rabid anti-drillers and appealed all the way to the PA Supreme Court, where unfortunately the antis won (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). What the antis didn’t think about was the fact some towns may decide to exercise their newly-won rights–to allow wells, instead of prohibit them. Whoops. Guess they didn’t see that one coming. A town in Lycoming County decided to allow a shale well on property zoned residential/agricultural (i.e. farming country). Anti-drilling Big Green groups, including PennFuture, THE (arrogant) Delaware Riverkeeper, and the Peters Township gang (none of which are from mid-PA where the town is located) sued to deny the town the right to exercise its Act 13 authority to allow a shale well. A sham county judge granted a victory to the antis. But it was temporary. On appeal, the higher PA Commonwealth Court obliterated the faulty reasoning of the lower court and, significantly, redefined how courts should interpret the results of the Act 13 zoning lawsuit that allows local municipalities the right to restrict, or allow, shale drilling (see Major Victory for PA Landowners/Drillers in Lycoming County Case). The case, Brian Gorsline v. Board of Supervisors of Fairfield Township (Gorsline is an avowed anti-driller), was appealed to the PA Supreme Court and yesterday in Philadelphia the Supremes heard oral arguments. Can we determine anything from the tone of the questions?…
    Read More “Gorsline Zoning Case Argued Before PA Supreme Court Justices”

  • | | | | | |

    Anadarko Settles Criminal Case, Pays $53K for Killing Salamanders

    When was the last time you heard of someone indicted on criminal charges and instead of doing time in jail, they just paid money? While some crimes involve fines, they always involve jail, or probation, or some form confinement/punishment other than just paying money. At least that’s what we always thought. But if you’re part of the Gestapo, otherwise known as the Environmental Crimes Unit of the Pennsylvania Attorney General’s Office, apparently the rules don’t apply. People in the AG’s office can accuse you of a crime, then shake you down for money, and give that money away to anyone they want. That’s what just happened with Anadarko. As we recently reported (see Anadarko Indicted for Killing 165 Salamanders in Lycoming County), in February 2015 a storage tank at an Anadarko well pad leaked. Approximately 1,000 gallons of produced water leaked out of the tank and into a drainage ditch (i.e. “unnamed tributary”), ending up in a local creek where it killed 169 (or 165, depending on the source) salamanders. It was an accident. However, the Environmental Crimes Unit of the PA Attorney General’s office hauled Anadarko and their contractor into court, charging them with environmental crimes. In order to make it all go away quickly, Anadarko and the contractor settled, paying $53,078. The kicker is this: the bulk of the fine money doesn’t even go to the state of PA. Instead, $40,000 of the fine money goes to a private non-profit organization–the Northcentral Pennsylvania Conservancy. Nothing against the Conservancy and good work they do, but this is wrong…
    Read More “Anadarko Settles Criminal Case, Pays $53K for Killing Salamanders”

  • | | | |

    OH Court Rules Landmen Need to be Licensed Real Estate Brokers

    We know this is an important story, and we know that some (many?) MDN readers will be interested. But this is one of those rare cases where we just can’t get our heads around the scope and importance of the story–and who it really affects. We had thought that landmen in Ohio (agents who deal with landowners and mineral rights owners, getting them to sign leases or easements) did not have to be licensed real estate agents in order to do their job. However, a court case just decided in Ohio’s Seventh District Court of Appeals seems to say that at least some landmen DO need to be licensed real estate agents, in order to get paid a commission on deals they’ve brokered. We don’t think the decision requiring a real estate license applies to all landmen in Ohio (although we’re open to correction on that point). Below we have information about the Dundics v. Eric Petroleum Corp. case, along with previous info from 2014 that indicates the reverse–that Ohio landmen DO NOT need to be licensed real estate brokers. Does the Dundics case supersede previous rulings? Is the Dundics case dealing with an obscure situation that doesn’t apply to all landmen? We simply don’t know…
    Read More “OH Court Rules Landmen Need to be Licensed Real Estate Brokers”

  • | | | | | | | | |

    Statoil WV Tax Overpayment Court Case – Money “Already Gone”

    Statoil, based in Norway, is a big player in the West Virginia Marcellus Shale. Statoil paid property taxes to Brooke, Marshall, Ohio and Wetzel counties (all in WV) in 2015 and later found, during an audit/review, that they had overpaid those counties. They overpaid Brooke by $1.8 million, Ohio by $2.9 million, Wetzel by $1.6 million and Marshall by $342,000 (see Statoil Wants Millions in Refunds from Tax Overpayments in WV). The WV Tax Department argued that Statoil “acted negligently” and exercised “poor judgment” in not finding the mistake sooner. All four counties voted to deny Statoil’s request, so Statoil took them to court, asking the West Virginia Supreme Court of Appeals to hear the case. However, the Appeals court ruled that the cases are not “complex” and don’t require “special treatment,” so back to county court the cases went (see Statoil’s Tax Overpayment Cases Bounced Back to WV County Courts). A hearing was held last Friday in the case. There’s not much in the way of new news to report, other than Statoil wants the cases combined and the counties would prefer to keep the cases separate. The other bit of information is that the overpayments were spent about as quickly as they were received, and the counties are expressing angst over where they will find the money to issue a refund check, should the court case(s) go against them…
    Read More “Statoil WV Tax Overpayment Court Case – Money “Already Gone””

  • | | | | | | |

    WV Hare Krishnas Settle with Rover Pipeline, Crossing Commune

    Here’s an interesting story. A religious commune of Hare Krishnas in Marshall County, WV steadfastly refused to sign an easement with Rover Pipeline to allow the pipeline across ~3,000 feet of commune-owned property. Rover had offered the Krishnas $7,000 for the easement, but no dice. You may recall that the Krishnas have no problem accepting oil and gas money, and have done so by leasing their land for shale drilling–even though the official view of the Krishnas is that “gas drilling is exploitative, that it is unsustainable and ‘contributes to the culture of death and toxicity’” (see WV Hare Krishnas “Purify” Gas Money to Benefit Commune). Apparently when there’s enough money involved, official Krishna doctrine changes. Back to Rover. On Tuesday, the Krishnas filed a lawsuit in federal court to block Rover from using eminent domain to enter the property to cut trees–a lawsuit based on religious grounds. A hearing was held on Thursday in federal court in Wheeling. The Krishnas loaded a bunch of followers into a fossil fuel-belching van to cart them to the court house to protest and make a scene. Lots of publicity. The judge granted a brief recess to allow the two sides to talk, and following the recess the Krishnas and Rover announced they had signed a deal. The official line is that Rover is changing the route of the pipeline to avoid certain holy places on Krishna property. The pipeline will now traverse MORE Krishna property–nearly twice as much more (5,300 feet). So much for objecting to the pipeline based on “religious” grounds, right? What is not mentioned, conspicuously so, is how much more money the Krishnas were able to get out of Rover, so Rover could make the bad publicity go away…
    Read More “WV Hare Krishnas Settle with Rover Pipeline, Crossing Commune”

  • | | |

    Ohio Dormant Minerals Act – Rights Do Not Automatically Transer

    MDN has highlighted the importance of the Ohio Supreme Court’s decision with regard to the Ohio Dormant Mineral Act (DMA). In September the OH Supreme Court ruled in three DMA cases, saying all of the other cases come under those three (see Important: OH Supreme Court Finally Rules on Dormant Mineral Act). Following that ruling, we brought you insights on what it means from international law firm Jones Day (see One More Look at Important OH Supreme Court DMA Decision). We later ran a copy of an analysis done by attorney David Wigham, who commented that title and ownership to mineral interests in Ohio has “significantly changed” (see Expert Says OH DMA Decision “Significantly Changed” Mineral Rights). Below we have yet another analysis. This one does a great job of summarizing the three cases and what they mean. The bottom line takeaway: the Ohio Dormant Mineral Act does not automatically transfer oil and gas mineral rights to surface owners…
    Read More “Ohio Dormant Minerals Act – Rights Do Not Automatically Transer”

  • | | | |

    Could Challenge to Colo. Frack Ban Affect NY’s Moratorium?

    We spotted an article on the Hot Air website about a court challenge in Colorado that may (or may not) have implications for shale drilling in places like New York State. Several years ago the ultra-liberal Boulder County, CO banned fracking. Landowners in the county are unconstitutionally denied the right to use their land as they see fit. So Colorado’s Attorney General, Cynthia Coffman, has just sued Boulder County to have the frack ban declared illegal. IF the case were to get appealed to a federal court and IF the case decided that Boulder County does not have the right to ban fracking, might that not serve as a precedence for New York and a statewide ban? We know, we know. It’s a stretch and a lot of IFs. But it is an intriguing idea–and a case worth watching…
    Read More “Could Challenge to Colo. Frack Ban Affect NY’s Moratorium?”

  • | | | | | |

    Federal Judge Lets Rover Enter Most OH Properties for Tree Clearing

    On Friday, Feb. 3, the Federal Energy Regulatory Commission (FERC) gave a final approval for Energy Transfer’s Rover Pipeline project–a $3.7 billion, 711-mile Marcellus/Utica natural gas pipeline that will run from PA, WV and eastern OH through OH into Michigan and eventually into Canada (see ET Rover Pipeline Gets Final Approval by FERC). Rover immediately began cutting down trees along the path in Ohio, on property where landowners have signed easements and voluntarily granted access. However, some landowners, either signed or unsigned, have not yet granted access. So Rover went to court, seeking eminent domain declarations (see Time’s Up – Rover Pipe Uses Eminent Domain on Holdout OH Landowners). Yesterday a federal judge granted Rover a preliminary injunction that allows the company to enter most properties–at least for those who have already signed or are actively negotiating with Rover. There are a few holdouts (21 owners of 15 parcels) where certain legal hoops still need to be jumped through–but they will also soon have to allow Rover access. What are last minute offers by Rover to landowners for easements? Rover isn’t saying, but some landowners are mentioning $70 to $80 per linear foot as a good number…
    Read More “Federal Judge Lets Rover Enter Most OH Properties for Tree Clearing”

  • | | | | | |

    Rover Pipeline Files Eminent Domain Against 58 Michigan Landowners

    Earlier this month Rover Pipeline, a $3.7 billion, 711-mile Marcellus/Utica natural gas pipeline that will run from PA, WV and eastern OH through OH into Michigan and eventually into Canada, received its final authorization from the Federal Energy Regulatory Commission on Friday (see ET Rover Pipeline Gets Final Approval by FERC). Because FERC was late in issuing its final approval, and because Energy Transfer, the builder of Rover, has promised to deliver the project on time, there is no time to waste. As soon as the final approval was issued, Rover filed eminent domain lawsuits against Ohio landowners who have refused for over a year to negotiate (see Time’s Up – Rover Pipe Uses Eminent Domain on Holdout OH Landowners). As it turns out, Ohio isn’t the only state where Rover has filed eminent domain lawsuits. The company has now filed 58 such suits in Michigan as well…
    Read More “Rover Pipeline Files Eminent Domain Against 58 Michigan Landowners”

  • | | | | | | | | |

    Latest Bizarre PR Attack on Mariner East 2 Pipeline

    Anti-drilling zealots are sometimes maddening, sometimes funny, and often just plain bizarre. As they are with their latest publicity attack (aided and abetted by PBS reporters) by claiming a couple of townships along the pipeline’s proposed route have ordinances in place that would potentially stop the pipeline in those locations “if only” those lazy, corrupt townships would just enforce the ordinances. That’s the upshot of the argument. One of the towns, Thornbury (Delaware County, a Philly suburb) has a requirement that the subdivision where the pipeline will run must maintain at least 40% of the land in the subdivision as “open space.” The antis claim the pipeline will use enough acreage to reduce the “open space” to below 40%. Ah, Mr. & Ms. Anti, did you know that the pipeline will run underground? And that pipelines lead to MORE permanent open spaces? Nice green fairways that are well-maintained? Lawyers from the usual radical suspects are getting ready to file lawsuits for “force” the townships to pay money defending against this latest inanity…
    Read More “Latest Bizarre PR Attack on Mariner East 2 Pipeline”