Atlas Energy Not Liable in PA Rig Worker’s Death
This is an important story for both drillers and rig workers, potentially answering the question of who can and can’t be sued if something goes wrong when drilling a well. In 2006 Atlas Resources leased land in Greene County, PA to drill shale wells. In 2007 Atlas hired Gene D. Yost & Son, Inc. to drill wells for Atlas, including on the land leased in Greene County. Yost was the subcontractor, employing people to do the work using Yost’s equipment. As workers were removing drill pipe, preparing to shut in the well, there was an accident which appears to be operator error. One man, Rock A. Doman, was killed. The Doman family later filed a wrongful death lawsuit against Atlas Energy for negligence. After years of litigation and court findings, an appeals court ruled last week that Atlas is, in fact, a “statutory employer” under PA law, meaning they are immune from such lawsuits. That is, because Atlas hired another company for that company’s services, they (Atlas) cannot be held responsible for what the company they hired theoretically did or did not do. In this case, Yost’s “negligence” (if indeed there was any negligence) is not transferable to Atlas…
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MDN has been reporting 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 May, Ohio attorney David Wigham (Roetzel & Andress law firm) said there are signs that the Supremes were about to release a massive, all-in-one-go ruling on the DMA (see 
In May 2015 the Obama 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 
The well-funded Big Green radical movement–the movement that wants to end the use of all fossil fuels–thinks it has found a new legal tactic to use in their attempts to stop the Mariner East 2 (and other) pipeline in Pennsylvania. You may recall that in September the Democrat-controlled PA Supreme Court further eviscerated the 2012 Act 13 Marcellus drilling law (see 
You may recall that in April, New York’s anti-drilling governor, Andrew Cuomo, decided he would cave to pressure from radical environmentalists once again and block the building of the federally-approved Constitution Pipeline (see 
Two weeks ago the Marcellus Shale Coalition (MSC) filed a court challenge to the Pennsylvania Dept. of Environmental Protection’s (DEP) onerous new Marcellus drilling regulations (see 
A landowner in northeastern Pennsylvania signed a lease with Southwestern Energy, leasing her property for shale gas drilling. Southwestern eventually showed up and drilled a well on her property. But the landowner then said the drilling was too loud, and lights at night too bright, and it disturbed her “peace of mind”–so she sued Southwestern for eight weeks of “peace of mind” disruption and a prescription for Xanax. Fantastically, a judge is letting the lawsuit proceed. Earth to landowners: When drillers show up, it’s an INDUSTRIAL activity. It’s loud. There’s lots of trucks. There’s lights at night. And in a month or two, it all goes away. And when the royalty checks arrive in the mail, you’ll forget all about the inconveniences. So what’s really going on in this case?…
“What is all the fuss over Pennsylvania’s Chapter 78a drilling rules going into effect anyway? We mean, come on, those rules were hashed out over the past five years! Can’t the drilling industry just bend over and take it like a man? It can’t be all that bad, can it?” With pleasure, we bring you a response to that line of thinking–a line of thinking YOU may have thought! The writer, Colin McNickle, is a former editorial page chief for the superb Pittsburgh Tribune-Review. McNickle tackles Chapter 78a head-on in this excellent rebuttal. It is nothing short of a declared war on shale gas and oil…
A couple of legal beagles from the Fox Rothschild law firm (in NJ) are sounding the alarm that two bankruptcy court decisions in New York State are threatening to up-end the midstream industry across the country. We tend to agree with them. Earlier this year, MDN brought you the news that a NY bankrutpcy court judge had allowed Sabine Oil & Gas, going through bankruptcy, to cancel a pipeline gathering contract with Cheniere’s Nordheim Eagle Ford Gathering in Texas (see 