Court Denies PA Senators Right to Join Lawsuit Against DRBC
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 Wayne County, PA Landowner Sues DRBC Over Fracking Ban). They filed a lawsuit against the DRBC asking a judge to declare the DRBC does not have jurisdiction to prevent construction of a natural gas well. Several northeastern PA counties (unfortunately) are located in the Delaware River Basin and the DRBC has steadfastly refused to allow them to drill any shale wells, citing concerns that the Delaware River supplies fresh water to millions downstream–even though they can’t explain how that water might get contaminated. A few months later, the DRBC’s best friend and patron, THE Delaware Riverkeeper, sued to join the lawsuit to help defend the inept DRBC (see Delaware Riverkeeper “Intervenes” to Protect its Patsy – the DRBC). In November, three PA senators filed to join the lawsuit on behalf of the landowners that they represent (see PA Senators File to Join Case Against DRBC Fracking Moratorium). Predictably, THE Delaware Riverkeeper sought to prevent the senators from joining the lawsuit. You see, it’s OK for Riverkeeper to participate as an outsider, but not OK for the Senators to participate to ensure the people they represent get represented in the lawsuit. That’s how it works in the world of enviro radicalism. Unfortunately, the court where the case is being heard sided with the radicals and has ruled the Senators have no right to represent the people they were elected to represent when it comes to a court case…
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American Water Management Services (AWMS) owns a wastewater injection well in Trumbull County that supposedly caused a low-level earthquake (that nobody could feel) in 2014. Two wells located at the site, both operated by AWMS, were “temporarily” shut down by the Ohio Dept. of Natural Resources following the quake (see 
In 2014 we brought you the interesting story of strippers in the Marcellus–stripper wells, that is (see 
In August 2015, MDN told you about a lawsuit brought by a group of left coast radicalized children who want to force the federal government to become communist and “force action” on mythical climate change (see 
In December MDN told you that anti-fossil fuelers who oppose Sunoco Logistics Partners’ Mariner East 2 Pipeline were making a last, desperate attempt to stop the project by appealing an eminent domain case to the Pennsylvania Supreme Court (see 
A significant court case was decided last week in West Virginia. The WV Supreme Court ruled in a gas royalty case that not only has significant implications for WV landowners (and drillers), but also may reverberate across the border into neighboring Pennsylvania where the same issue has been a long and contentious fight–what we call a civil war between landowners and drillers. Like all such cases, this one is complicated and not easy to summarize, but we’ll do our best. The WV Supremes have just handed down a decision that says, in essence, that EQT (and by extension other drillers) cannot deduct post-production expenses when calculating royalty payments to landowners. Specifically, the justices in their ruling said that drillers can “not deduct from that (royalty) amount any expenses that have been incurred in gathering, transporting or treating the oil or gas after it has been initially extracted, any sums attributable to a loss or beneficial use of volume beyond that initially measured or any other costs that may be characterized as post-production.” Yikes! That is fantastic news for landowners who now have a case to recoup money deducted from their checks–and really bad news for drillers who will owe that money. The big winners are, of course, the lawyers who will litigate this for years to come. However, hold on to those briefs–EQT has just appealed the decision, asking the WV Supreme Court to reconsider their decision, gently chiding the court for erring in their interpretation of state law on royalties…
On Oct. 8, after five years in the making, Pennsylvania adopted new shale drilling regulations (see 
Stone Energy, an independent oil and natural gas exploration and production company (E&P) headquartered in Lafayette, Louisiana drills mainly in the Gulf of Mexico but also has (or rather had) a presence in the Marcellus/Utica Shale with 90,000 acres of leases. In October Stone announced (a) it is selling its Marcellus/Utica assets to Tug Hill for $350 million, and (b) the company is preparing to file for bankruptcy (see 
One of the many companies in the Marcellus industry targeted by Pennsylvania’s former Attorney General, Kathleen Kane, for extinction was Minuteman Environmental Services, a PA company that served the shale industry with several different businesses (see 
For some time we’ve followed the story of Range Resources and their (former) wastewater impoundments in Washington County, PA. The PA Dept. of Environmental Protection (DEP) fined Range a whopping $4.15 million for violations in September 2014 (see 
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. The WV Tax Department argues 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 has just ruled that the cases are not “complex” and don’t require “special treatment,” so back to county court the cases will go…
For several years MDN has tracked and reported on a lawsuit brought against the Muskingum Watershed Conservancy District (MWCD) by an anti-drilling couple in Guernsey County, OH–Leatra Harper and her husband Steven Janstro (backed by the odious Food & Water Watch). At last check in April 2014, the couple had won the right to continue on with the lawsuit (see 
Sunoco Logistics Partners, the builder of the Mariner pipeline projects, has fought a long and hard legal battle to be recognized as a public utility in Pennsylvania–especially with regard to the next big project in the lineup, the Mariner East 2 pipeline. ME2, as it’s called, is a $2.5 billion, 350-mile natural gas liquids (NGL) pipeline that will run from eastern Ohio through the state of Pennsylvania to the Marcus Hook refinery near Philadelphia. From the beginning anti-pipeline fanatics have tried to derail the project by claiming it is not a public utility (with the right of eminent domain) as defined by PA’s statutes. In July 2014 two administrative law judges working for the PA Public Utility Commission (PUC) said ME2 is not a public utility (see