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?…
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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 
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…
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 
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 
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 
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…
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 
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 
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…
As we reported earlier this week, Sunoco Logistics Partners has begun active construction activities related to building the twin Mariner East 2 pipelines (see 
There’s always a few holdouts, no matter how hard you try to be reasonable. We’re talking about landowners who refuse to negotiate in good faith with pipeline companies. Earlier this month amidst a flurry of activity, the Federal Energy Regulatory Commission (FERC) handed Williams a final final final approval for its Atlantic Sunrise Pipeline project–a $3 billion, 198-mile pipeline running through 10 Pennsylvania counties to connect Marcellus Shale natural gas from PA with the Williams’ Transco pipeline in southern Lancaster County (see 
Over the years MDN chronicled the long, sad battle in New York State over both a statewide moratorium on fracking, and on the issue of whether towns can ban fracking. The statewide moratorium, under Gov. Andrew Cuomo, continues. However, lawsuits filed against townships that enacted bans went all the way to New York’s highest court, the Court of Appeals–and in June 2014 we lost (see 
Two weeks ago MDN ran a story about the fact that time has run out on recalcitrant landowners in Ohio who have refused to negotiate with Rover Pipeline–and are now being sued using eminent domain (see 
We appear to be in the final death throes of radical environmental efforts to block the construction of Mariner East 2–a $2.5 billion, 306-mile natural gas liquids (NGL) pipeline that will run from eastern Ohio through the state of Pennsylvania to the Marcus Hook refinery near Philadelphia. Last week the Pennsylvania Dept. of Environmental Protection (DEP) gave its final approval for the project (see 
You beg and plead and beg and plead. You come with your hat in your hand. You try to explain that no, the pipeline isn’t going to avoid your property, Mr. or Ms. Landowner. But some landowners refuse to negotiate. So the last resort option must be exercised. That’s the situation with Williams’ Atlantic Sunrise Pipeline in several counties in Pennsylvania–including Lancaster, Lebanon, Columbia, Northumberland and Schuylkill. The Federal Energy Regulatory Commission (FERC) issued a final certificate for Atlantic Sunrise, allowing construction to begin, just two weeks ago today (see