Radical Enviro Groups Suing to Block Wayne Natl Forest Drilling
In December the Bureau of Land Management proceeded with an online auction for BLM-controlled land in Ohio’s Wayne National Forest (see 10-Yr Wait is Over, BLM Auctions Wayne Natl Forest Leases Today). The BLM plan was to auction 33 parcels totaling 1,600 acres. As it turns out, only 17 parcels totally 719 acres actually got auctioned (see BLM Auction Leases 17 Parcels, 719 Acres in OH Wayne Natl Forest). At the last minute the BLM withdrew 881 acres (16 parcels) because there were remaining issues with ownership title of the mineral rights. The 719 acres was all leased by noon and brought bids ranging from $2,000 to $5,000 per acre–a laughably small (but important) amount of acreage because it will allow drilling units to be formed with nearby private acreage. The BLM recently announced they will hold another auction in March (see BLM Leasing Another 1,186 Acres in Wayne Natl Forest on March 23). Progress! We suppose it’s not surprising that four radical environmental organizations–on the far outreaches of the environmental movement–have just issued a notice to announce they are suing to stop any drilling in WNF. Which four groups?…
Read More “Radical Enviro Groups Suing to Block Wayne Natl Forest Drilling”
In December MDN reported on the huge West Virginia Supreme Court decision against driller EQT that disallows EQT from deducting post-production expenses from royalty checks, even with signed contracts in place (see 
In May 2015 Obama’s rogue Environmental Protection Agency (EPA) along with the Obama U.S. Army Corps of Engineers (USACE) released a finalized rule clarifying what “Waters of the United States” (WOTUS) means vis a vis what can be regulated under the federal Clean Water Act (see 
For years MDN has reported on a lingering/ongoing story of a community in western Pennsylvania (in Butler County) who say that nearby drilling by Rex Energy led to contamination of their well water supplies (see 
You would think if consumers want natural gas, and private companies are willing to build the pipelines to get the gas to their homes and businesses, such a thing would be possible here in the Land of the Free and the Home of the Brave. However, a trade organization in Connecticut tried to block such activity–in court. What makes it doubly distressing is that the trade organization opposing new natgas pipelines represents heating oil distributors (a sister fossil fuel), afraid that they may lose market share to natural gas. So trade group filed a lawsuit to prevent a state initiative that would expand the state’s natural gas pipeline network. Shame on them. Fortunately the Connecticut Supreme Court ruled–and the heating oil distributors lost…
MDN has reported on the Ohio Dormant Minerals Act (DMA) for years. In a nutshell, there are two DMAs in Ohio–one passed in 1989 that went into effect in 1992, and another in 2006 which added certain additional procedural requirements to the 1989 version. The DMA in its various versions provides for mineral rights that had previously been separated from surface rights to transfer back to the surface owner under certain conditions. The problem, for drillers and for landowners in Ohio, is in knowing which set of DMA rules to use (1989 or 2006) in determining who owns the mineral rights. A number of DMA cases went before the Ohio Supreme Court. In September the Ohio Supreme Court ruled in three cases, saying all of the other cases come under those three (see 
Tired of having their application to expand a pipeline compressor station blocked, Rice Energy has sued West Pike Run Township in Washington County, PA. In the lawsuit, Rice says that the town had 90 days (under law) to render a decision on the request and did not do so. Eventually the town told Rice “no” to expanding an existing compressor station. The lawsuit asks the court to force the town to approve the application forthwith…
This news is a bit dated, from last December, but important nonetheless. Under threat of a $300 million lawsuit, Penn Township (Westmoreland County, PA) voted to allow Apex Energy to build two Marcellus well pads, and arranged for more hearings on four more well pads. In April 2016 Penn Township blocked permits for Apex well pads (see 
A West Virginia law professor and one of his students (who went on to become a trial attorney with the U.S. Dept. of Justice), have just published a research paper on the topic of surface and mineral rights in the Mountain State. The paper, titled “Horizontal Drilling Vertical Problems: Property Law Challenges from the Marcellus Shale Boom” (full copy below) discusses property law challenges that can impede business development and negatively impact landowners and mineral owners in shale regions, with a focus on the West Virginia Marcellus. The paper explains the horizontal drilling and hydraulic fracturing process. A widespread problem in WV is that (because of coal) in many cases the owners of the mineral rights under the ground are not the same people who own the property on the surface. The paper makes the point that while courts can handle one-off cases, the WV legislature should develop better “large-scale policies” to deal with an ongoing, contentious situation…
January 20th, when Donald Trump is inaugurated and decomposing swamps like the EPA get drained, can’t happen soon enough. However, before that date, the Obamadroids are doing everything they can to get their last digs in. One of them is the rogue, out-of-control Environmental Protection Agency, which will soon be swept clean by Scott Pruitt (delicious justice if ever there were some). We’ve written about the sleazy practice of “sue and settle” in the past–a practice whereby government agencies like the EPA get their friends in the radical environmental movement to sue them, then they quickly settle the case and say “See, we HAVE to do this because the court is making us do it.” Scott Pruitt knows all about that practice and it will stop on Jan. 20. But until then, the EPA continues to engage in it. The latest case they’ve just settled was brought by the odious National Resources Defense Council, Earthworks and a mishmash of other radical groups in May 2016 regarding an attempt to ban injection wells and stop landfills from accepting drill cuttings (see 
In January 2015 a gang of nine far-left anti-drilling “environmental” organizations sued the federal Environmental Protection Agency (EPA) claiming the agency doesn’t require the oil and gas industry to spend big bucks to fill out reams of paperwork to prove it’s not polluting Precious Mother Earth with nasty chemicals (see 
Last May MDN told you about a group of brave landowners in Wayne County, PA who have had their property rights stolen by the Delaware River Basin Commission (see