Litigation

Anti-Drilling/Fossil Fuel | Energy Companies | Indiana County | Industrywide Issues | Litigation | Pennsylvania | Pennsylvania General Energy

CELDF Loses Case to Represent Ecosystem – Turtles Disappointed
August 4, 2016August 4, 2016

Score an important victory against the forces of darkness. The radical leftist PA-based group Community Environmental Legal Defense Fund (CELDF) does its best to trick townships into passing illegal bans on fracking and injection wells. In 2013 the CELDF fooled Highland Township in Elk County, PA into passing a ban on wastewater injection wells. They also tricked Grant Township in Indiana County, PA to do the same thing. Both towns are in court defending their illegal actions. One of the idiotic legal tactics used by the CELDF in both cases is to claim that an ecosystem is a “person” under the law–a person who can file to join the town’s lawsuit in an effort to protect itself (see It Speaks! An “Ecosystem” has Filed to Join a Lawsuit in PA). Of course the CELDF appoints itself as the representative of said ecosystem. It’s an asinine notion. Will the tree in my front yard sue me for cutting a branch off it? Will my gravel driveway sue me if I decide to pave it? Get real. Back to declaring victory. Pennsylvania General Energy (PGE) filed a lawsuit against Grant Township for $1 million for blocking construction of PGE’s legally permitted injection well. That CELDF has already said it won’t help Grant taxpayers foot the bill if they lose the lawsuit–after adopting the CELDF’s very own ban language (see Anti Group CELDF Won’t Help Grant Twp Pay $1M Judgement). Last week the Third Circuit Court of Appeals in PA ruled that a so-called ecosystem (the Little Mahoning Watershed) does NOT have standing in the case, completely rejecting the CELDF and their arguments. Grant Township taxpayers should be prepared to open up their wallets, they’re about to get soaked (note that the CELDF has already snuck out of town)…
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Industrywide Issues | Litigation | Regulation

15 States File Lawsuits to Block EPA O&G Methane Rule
August 4, 2016August 4, 2016

In May the federal Environmental Protection Agency (EPA) once again far overstepped its charter by seizing power that doesn’t belong to it. They issued new methane rules in a back-door way to try and regulate the oil and gas industry (see EPA Does it Again: Tries to Destroy O&G with New Methane Rule). North Dakota was the first state to sue the EPA over the new standard. Not long after Texas also sued. And last week, another 13 states joined together to sue over the standard–to block it from taking effect. All 15 are now combined into a single case. Below is a list of the states with spine, standing up to the bullies at the EPA, along with the paltry, precious-little reporting we can find about the lawsuit launched last week by a group of 13 states joined, to the lawsuits by ND and TX…
Read More “15 States File Lawsuits to Block EPA O&G Methane Rule”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Litigation | Pennsylvania | Statewide PA

PA Court Rejects Radicalized Kids’ Global Warming Lawsuit
July 28, 2016July 28, 2016

Last August 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 Group of Kids Sues U.S. Govt to Force Action on “Climate Change”). In January of this year, we brought you an update, telling you that radicalized, fringe Catholic groups had joined the cause with the ignorant children (see Climate Change Lawsuit by Radicalized Children Gets Interesting). What we didn’t know is that at the same time manipulating adults on the Left Coast were (ab)using children to file their lawsuit, the same thing was happening in Pennsylvania. A group of minors, being manipulated by radical adults, filed their own version of the same lawsuit. In PA the lawsuit asked the court to use the state’s so-called Environmental Rights Amendment to force the Executive Branch (i.e. the governor) to develop a plan to protect these poor, defenseless children against mythological man-made global warming. That is, it was a lawsuit to stop all drilling for oil and natural gas–flying under the guise of protecting PA citizens from “climate change.” On Tuesday, the Commonwealth Court of Pennsylvania rejected this nonsensical lawsuit, tossing it out (full copy of the decision below). Now the radicalized children, still being manipulated by radicalized adults, are appealing the case to the PA Supreme Court…
Read More “PA Court Rejects Radicalized Kids’ Global Warming Lawsuit”
Anti-Drilling/Fossil Fuel | Energy Companies | Exxon Mobil | Industrywide Issues | Litigation | Regulation

NY & MA AGs Refuse to Comply with Congressional Supeona
July 27, 2016July 27, 2016

The lawless Attorney General in New York, Eric Schneiderman, and his philosophical twin in Massachusetts, AG Maura Healey, are refusing to obey a subpoena issued by Congress for copies of their communication records that would show the two (along with other AGs) have been unethically (perhaps illegally) colluding with Big Green groups in targeting Exxon Mobil over the issue of so-called global warming. As MDN previously reported, Schneiderman, Healey and several other far-left radicals made fantastical claims that Exxon “knew” that burning their evil, filthy, nasty oil and natural gas is causing Mom Earth to warm up, so the AGs served subpoenas to Exxon to turn over every piece of communication the company has ever had. Why? So the AGs could try to build a case against Exxon’s expression of free speech (see NY AG Targets/Accuses ExxonMobil of Lying about ‘Climate Change’). Interestingly, Schneiderman, Healey and others in this cabal were suspected, now with proof, that they’ve been colluding with each other and with radical Big Green groups in their witch hunt of Exxon (see Smoking Gun: AGs Signed Pact to Keep Exxon Documents Secret). So Congress went on a little fishing expedition of its own, issuing subpoenas to Scheiderman et al (see NY AG, Others Served Congressional Subpoena re Exxon Witch Hunt). Schneiderman and Healey are officially refusing to obey the subpeona. Hey psycho AGs: Exxon has every right to refuse YOUR subpoenas too! Sauce for the goose…
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Industrywide Issues | Litigation | Pennsylvania | Statewide PA

PA Supreme Court Decides “Title Washing” OK in Mineral Rights Case
July 25, 2016July 25, 2016

You’ve heard of “whitewashing” before. How about “title washing?” No, we hadn’t either. But this funny sounding practice has a great deal to do with mineral rights in Pennsylvania, with possible implications for landowners and drillers. The Pennsylvania Supreme Court issued a 5-0 ruling last week that upholds the practice of title washing in the Keystone State. What in the world is it, and how does it affect landowners and drillers? In the case of Herder Spring Hunting Club v. Keller there had been a tax sale in 1935 for a property in Centre County, PA where the mineral rights had previously been separated. Prior to 1948 if mineral rights that had been separated were not properly recorded (it was incumbent on the owner of the subsurface rights to ensure the sale was recorded at the assessor’s office), and the surface land was later sold, both the mineral rights (subsurface) and the surface land became part of the sale. That, in essence, was title washing. After 1948 a law prevented this from happening, so such cases only apply to land sold before 1948. The legal beagles at Babst Calland have a good overview of what the practice of title washing is, and how the Court’s decision affects Pennsylvanians. We also have a copy of the decision embedded below…
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Energy Services | Industrywide Issues | Litigation | New York | Pipelines | Regulation | Statewide NY | Williams

Constitution Pipeline Gets a Little (Court) Help from Its Friends
July 21, 2016July 21, 2016

Constitution Pipeline map – click for larger version

In perhaps the sleaziest of sleazy political moves, New York Gov. Andrew Cuomo made the non-science-based political decision to deny the Constitution Pipeline stream crossing permits in April (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). The man is a menace to all New Yorkers. He caves to his radical, fringe left on a regular basis, as he did with his decision to deny the Constitution Pipeline. Williams, Cabot and the other partners in the project aren’t taking it laying down. They sued New York State in federal court with the very real possibility that the court will neuter NY’s decision-making role in the project (see Williams Sues NY Over Constitution Pipe – DEC May Lose Authority). The Constitution doesn’t stand alone. A number of national industry organizations are coming to the Constitution’s defense. On Tuesday the Natural Gas Supply Association (NGSA) and other groups together filed an amicus curiae brief with the U.S. Circuit Court of Appeals for the Second Circuit. “Amicus curiae” means “friend of the court” in Latin. The brief (full copy below) makes the point that states should not be the tail that wags the federal-oversight-of-such-projects dog. That is, the New York Dept. of Environmental Conservation (DEC) is preventing the Federal Energy Regulatory Commission (FERC) from doing its job. One government entity (especially a state) cannot block the power and authority of another government entity (in particular the federal government)…
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Energy Companies | Industrywide Issues | Lease & Royalty Payments | Litigation | Lycoming County | Pennsylvania | SWEPI

Court Forces SWEPI to Pay PA Landowners $4.1M in Lease Dispute
July 19, 2016July 21, 2016

The U.S. District Court for the Middle District of Pennsylvania has sided with landowners in a dispute with Shell’s shale drilling arm, called SWEPI (Shell Western Exploration Production Inc.). SWEPI signed a lease with two landowners who own a collective 1,036 acres in Lycoming County. SWEPI promised a $4,000 per acre signing bonus, but a few months after signing SWEPI decided they didn’t want the acreage after all and tried to cancel the lease and the bonus payment. The judge ordered SWEPI to pay $2,072,000 to each of the two landowner families…
Read More “Court Forces SWEPI to Pay PA Landowners $4.1M in Lease Dispute”
Industrywide Issues | Litigation | New York | Statewide NY

Former NY AG Emasculates Current AG, ExxonMobil Not Like Tobacco
July 18, 2016July 18, 2016

Dennis Vacco – former NY AG

Let’s add some insult to injury, because New York’s corrupt Attorney General, Eric Schneiderman, so richly deserves it. Today’s lead story on MDN is about the Federal Energy Regulatory Commission (FERC) rejecting a petition by AG Schneiderman–his request that FERC withdraw its approval of the Constitution Pipeline and investigate Williams over false allegations of premature tree clearing related to the project (see FERC Rejects NY AG’s Anti-Constitution Pipeline Petition). Schneiderman is a power-mad leftist, hellbent on shaking down so-called Big Oil companies like Exxon Mobil. Schneiderman himself has been caught in a collusion scandal with several other AGs and with Big Green groups to try and smear and extort Exxon (see NY AG, Others Served Congressional Subpoena re Exxon Witch Hunt). One of Schneiderman’s favorite (false) claims is that Exxon Mobil “knew” that mankind is causing mythical global warming by burning fossil fuels–and that they kept it secret–like Big Tobacco companies knew their product was causing cancer. Schneiderman hopes to sue Exxon and other Big Oil companies and extort gazillions of dollars from them. The Dems are rubbing their hands with glee at the prospect. Except…except none of their fairy tales are true and no one believes it. Into this mix, along has come a former New York Attorney General, Republican Dennis Vacco, who served as NY AG from 1995-1999. Vacco was part a group of AGs who successfully sued Big Tobacco, so he knows a thing or two about that case. Vacco says, writing in the Washington Post, that Schneiderman’s claims of a case against Exxon is NOTHING LIKE the case against Big Tobacco. Vacco emasculates Schneiderman and his claims of a case against Exxon…
Read More “Former NY AG Emasculates Current AG, ExxonMobil Not Like Tobacco”
Anti-Drilling/Fossil Fuel | CNG/LNG | Dominion Energy | Energy Services | Exporting | Industrywide Issues | Litigation | Maryland | Processing Plants | Regulation | Statewide MD

Radical Enviro Groups Suffer Big Court Defeat re Cove Point LNG
July 18, 2016July 18, 2016

Anti-drilling zealots attempting to stop the Cove Point, Maryland LNG (liquefied natural gas) from going online have failed in court, again. And they failed big time. MDN reported in April that a group of Big Green groups, including the Sierra Club, the Chesapeake Climate Action Network, the Patuxent Riverkeeper, EarthReports Inc. and Earthjustice colluded together to sue in federal appeals court to try and stop the project (see Green Groups Ask DC Judge to Stop Construction at Cove Point LNG). On Friday the U.S. Court of Appeals for the District of Columbia ruled against the groups. The argument they raised (and keep raising) is that the Federal Energy Regulatory Commission (FERC) did not take into account so-called cumulative effects in permissioning such a facility. That is, because there is an export facility, that means there will be more drilling and fracking, and that means more air pollution, etc. The court rejected that claim and said in their decision (full copy below) that FERC is not required to consider such cumulative affects. Indeed, FERC’s charter prohibits them from considering such effects. This is a crushing defeat for Big Green–people and corporations who seek to profit from uneconomical solar and wind projects by unfairly crushing the competition (natgas)…
Read More “Radical Enviro Groups Suffer Big Court Defeat re Cove Point LNG”
Energy Services | Industrywide Issues | Lebanon County | Litigation | Pennsylvania | Pipelines | Statewide PA | Sunoco Logistics

Media Downplays Sunoco’s Huge Court Victory re Mariner East 2
July 18, 2016July 18, 2016

Last Friday MDN brought you the really big news that Sunoco Logistics Partners had won a major appeals court case that recognizes them as a public utility in Pennsylvania with the right to use eminent domain to build the Mariner East 2 NGL pipeline (see Sunoco LP Wins Major Court Decision for Mariner East 2 Pipeline). Although Big Green groups like the Philadelphia-based Clean Air Council are attempting to spin the decision as no big deal–it is a big deal, and they know it. So how does the Associated Press, in bed with Big Green, report the decision? This is their headline: “Sunoco clears 1 legal hurdle after pipeline project ruling.” Laughable! It’s more than one hurdle. Sunoco essentially put another 7 points on the board with 5 seconds left to play…
Read More “Media Downplays Sunoco’s Huge Court Victory re Mariner East 2”
Energy Services | Industrywide Issues | Litigation | NGLs | Pipelines | Sunoco Logistics

Sunoco LP Wins Major Court Decision for Mariner East 2 Pipeline
July 15, 2016July 15, 2016

Seems like Sunoco Logistics Partners has been fighting in court for years to get the right to use eminent domain for it’s Mariner East 2 pipeline project. ME2 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–carting ethane, butane and propane to the facility from both the Utica and Marcellus region, where it will be separated and sent on its way to destinations both domestic and international. Because the project technically crosses a state line, opponents have tried to state PA is not the proper government body to oversee it–it should come under the exclusive oversight of the federal government. However, Sunoco LP has maintained from the beginning that it is a public utility, properly regulated by the PA Public Utility Commission (PUC) and not the Federal Energy Regulatory Commission (FERC). The PUC has recognized Sunoco LP and its Mariner pipeline projects as public utilities, with the right to use eminent domain to condemn properties of holdout landowners in PA (see Major Milestone: PA PUC Rules Mariner East IS a Public Utility). However, the PUC’s authority and ME2’s right to use eminent domain was challenged in state Common Pleas Court in Cumberland County, which ruled in favor of Sunoco (see PA Judge Rejects Landowners’ Challenge to Mariner East 2 Pipeline). The judge’s ruling was appealed and now PA’s Commonwealth Court has also ruled in favor of Sunoco LP, saying that Mariner East 2 is regulated by both the PUC and FERC, and it has the right to use eminent domain…
Read More “Sunoco LP Wins Major Court Decision for Mariner East 2 Pipeline”
Anti-Drilling/Fossil Fuel | Energy Companies | Exxon Mobil | Industrywide Issues | Litigation

NY AG, Others Served Congressional Subpoena re Exxon Witch Hunt
July 14, 2016July 14, 2016

The Attorney General from Massachusetts, Maura Healey, the AG from New York, Eric Schneiderman and several other far-left radicals drunk on their own power have made fantastical claims that Exxon “knew” that burning their evil, filthy, nasty oil and natural gas is causing Mom Earth to warm up, so they serving subpoenas to Exxon to turn over every piece of communication the company has ever had, so they can build a case against Exxon’s free speech (see NY AG Targets/Accuses ExxonMobil of Lying about ‘Climate Change’). As we wrote, these far-out libs represent the rise of the new Enviro Nazis (see Rise of the New (Environmental) Nazis – Free Speech Under Attack). Exxon isn’t taking it lying down–they’re fighting back (see Exxon Beats Back Free Speech Attack by Liberal AGs in Climate Fight). Interestingly, Schneiderman and other anti-drilling AGs are suspected, now with proof, that they’ve been colluding with each other and with radical Big Green groups in their witch hunt of Exxon (see Smoking Gun: AGs Signed Pact to Keep Exxon Documents Secret). Those who champion free speech and common sense (i.e. they don’t believe in the fairy tale of man-made global warming) have now turned the tables on these vicious, criminal AGs and their Big Green posse. Another group of AGs have not-so-subtly told the anti-drilling AGs they themselves may face prosecution for knowingly overstating the case of man-made global warming (see Is it Time to Prosecute Global Warming Alarmists?). It’s the other side of the argument. If you can prosecute someone for “knowingly” underplaying the case for man-made global warming, as Scneiderman, Healey and other AGs are trying to do to Exxon, why can’t you also prosecute someone for knowingly overplaying the case? Schneiderman, Healey and others now have something else to worry about. Yesterday the U.S. House of Representatives Science, Space, and Technology Committee sent subpoenas to Schneiderman, Healey and eight radical enviro organizations requiring them to cough up the documents they’ve been hiding that show their collusion to try and bring down Exxon…
Read More “NY AG, Others Served Congressional Subpoena re Exxon Witch Hunt”
Energy Services | Industrywide Issues | Litigation | PennEast Pipeline | Pipelines

NJ Judge Dismisses Trespassing Lawsuit Against PennEast Pipeline
July 8, 2016July 8, 2016

In May MDN told you about a sham lawsuit brought by two radical environmental groups–Homeowners Against Land Taking – PennEast Inc. (HALT PennEast) and the New Jersey Conservation Foundation–against the PennEast Pipeline (see PennEast Responds to Sham NJ Lawsuit Re Surveying w/o Permission). The lawsuit falsely claimed PennEast was surveying on New Jersey landowners’ property without permission. PennEast has responded that the claims of trespassing to survey are (our words) horse manure. PennEast checks carefully before entering a property to survey. So the company mounted a “vigorous defense.” A New Jersey State Superior Court judge yesterday tossed the HALT lawsuit…
Read More “NJ Judge Dismisses Trespassing Lawsuit Against PennEast Pipeline”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Litigation | Pennsylvania | Regulation | Wayne County

Delaware Riverkeeper “Intervenes” to Protect its Patsy – the DRBC
July 8, 2016July 8, 2016

In May MDN reported the great news that the Wayne Land and Mineral Group has filed a lawsuit against the Delaware River Basin Commission (DRBC) to contest the DRBC’s ongoing blockade of shale drilling in Wayne (and Pike) counties in Pennsylvania (see Wayne County, PA Landowner Sues DRBC Over Fracking Ban). The DRBC has blocked drilling since it considered rules for drilling in 2010, when it put a “temporary” ban in place. The Wayne Land and Mineral Group argues in its lawsuit that oil and gas wells, under the DRBC’s charter, do not constitute a “project” that is regulated by the DRBC and therefore are exempt from oversight from the DRBC. A brilliant legal move! The DRBC has become little more than a patsy for radicalized Big Green Groups, including THE Delaware Riverkeeper. The DRBC inevitably does the bidding of Riverkeeper, and Riverkeeper is strongly anti-drilling. So it was no surprise for us to learn that THE Delaware Riverkeeper has filed to intervene and indeed has joined the lawsuit, to defend their patsy…
Read More “Delaware Riverkeeper “Intervenes” to Protect its Patsy – the DRBC”
Anti-Drilling/Fossil Fuel | Beck Energy | Energy Companies | Industrywide Issues | Litigation | Ohio | Regulation | Summit County

Summit County Judge Blocks Munroe Falls’ Attempt to Stop Drilling
July 6, 2016July 6, 2016

Earlier this month MDN shared with you the news that Munroe Falls (Summit County), OH had filed yet another frivolous lawsuit against Beck Energy to prevent drilling–after already losing a similar case before the Ohio Supreme Court (see Munroe Falls Won’t Let it Go: Files New Lawsuit Against Beck Energy). Beck Energy’s lawyers fought this new challenge (see Beck Energy Lawyer Responds to Frivilous Munroe Falls Zoning Case). We have some good news. A Summit County judge has blocked Monroe Falls’ motion for a temporary restraining order to stop Beck from drilling a new well. Let the drilling begin! A final decision on Munroe Falls’ latest frivolous lawsuit is still pending. The judge is considering Beck’s motion to grant summary judgment in its favor. How much longer will the residents of Munroe Falls tolerate their “leaders” blowing taxpayer’s money on frivolous lawsuits?…
Read More “Summit County Judge Blocks Munroe Falls’ Attempt to Stop Drilling”
Dominion Energy | Energy Services | Industrywide Issues | Litigation | Pipelines | Statewide WV | West Virginia

WV Drillers Sue Dominion over Long-Term Pipeline Contract
July 5, 2016July 5, 2016

In 2008 Dominion approached oil and gas producers in West Virginia, before the Marcellus Shale was a household word, looking to build a pipeline for “several hundred million dollars” (ended up costing $750 million). Dominion held several meetings and told West Virginia’s independent natural gas producers that the producers would need to commit to firm transportation if they wanted to sell their natural gas. At those meetings Dominion handed out forms asking producers to write down how much production they might have for firm commitment. Following the meetings, producers received contracts in the mail “out of the blue” with a very short deadline and a not-so-subtle threat that if they wanted to sell their gas, they would sign on the dotted line. The producers say they were pressured into signing a 10-year deal. Dominion’s Appalachian Gateway Project, with 110 miles of new pipeline and upgrades to several compressor stations, went online in September 2012 (see Dominion Turns On Appalachian Gateway Project Pipeline). Now some 37 of the producers that signed that deal are suing Dominion looking to break the contract and receive “compensatory and punitive damages”…
Read More “WV Drillers Sue Dominion over Long-Term Pipeline Contract”