Litigation

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    Court Rejects Dela. Riverkeeper Case Against PA DEP Pipe Approval

    happy dance - SnoopyTime to do a happy dance. THE (arrogant) Delaware Riverkeeper has lost yet another court case–one of many such cases they continuously file to stop any fossil fuel-related project in the northeast. In March MDN told you that THE Delaware Riverkeeper had sued the Federal Energy Regulatory Commission, challenging their decision to approve the Williams Transco Pipeline’s Leidy Southeast Expansion from PA to New York City (see Dela. Riverkeeper Sues FERC Again – Over Leidy Pipeline Expansion). Riverkeeper wanted to hedge its bets–so at some point (not sure when) they also sued the Pennsylvania Dept. of Environmental Protection (DEP) and Riverkeeper’s philosophical clones at the New Jersey Conservation Foundation sued the New Jersey Department of Environmental Protection (NJDEP) claiming the agencies acted “arbitrarily or capriciously” in granting state permits for the Leidy Southeast Expansion project. The U.S. Court of Appeals for the Third Circuit this week slapped down Riverkeeper and their clones in NJ, saying the states were well within their rights to grant those permits, and they did nothing wrong…
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    Judge Rules No Class Action Against Chesapeake in PA Royalty Case

    go it aloneA landowner couple in Bradford County, PA, Edward and Kathleen Ostroski, filed a royalty lawsuit against Chesapeake Energy claiming Chesapeake was screwing them out of money by conducting “creative” accounting and deducting expenses that shouldn’t be deducted. Seems like there’s hardly a state where Chessy drills where someone has not filed a similar lawsuit against the company. However, in the Ostroski case, the couple claimed (or rather, their lawyers claimed) the case should be a class action. That there are in fact some 2,000 other landowners similarly affected by Chesapeake’s actions. A U.S. Middle District judge ruled on Monday that the Ostroskis may pursue their case–but only for themselves. There will be no class action. If other landowners feel cheated, they will have to bring their own lawsuits against the company…
    Read More “Judge Rules No Class Action Against Chesapeake in PA Royalty Case”

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    Big Stakes: Gorsline Zoning Case Goes to PA Supreme Court

    theyre backGuess who’s back with a case now before the Pennsylvania Supreme Court? Yep, the odious nutters from Big Green Groups PennFuture, THE (arrogant) Delaware Riverkeeper, and the Peters Township gang. You may recall we reported last September of the humiliating defeat suffered by these groups in the “Gorsline” case (see Major Victory for PA Landowners/Drillers in Lycoming County Case). It was a Lycoming County zoning case before the Pennsylvania Commonwealth Court. In Gorsline v. Board of Supervisors of Fairfield Township, anti-drilling neighbors, including Brian and Dawn Gorsline, Paul and Michele Batkowski and others (collectively “Gorsline”) sued to stop a conditional use permit granted by Fairfield Township to allow Inflection Energy to construct a well pad on the property of Donald and Eleanor Shaheen. The case was weak, but the lowest court in the PA court system–the Court of Common Pleas (i.e. county court)–said the ninny nanny neighbors had a right to strip away the Shaheen’s property rights to allow drilling on their own property. The 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 shale drilling. Unfortunately the matter won’t rest there. The Pennsylvania Supreme Court has taken up the Gorsline case on appeal. The PA Supreme Court has a 5-2 majority of left-leaning Democrats. Below we have a copy of the brief filed by PennFuture on behalf of the ninny nanny Gorslines, along with “friend of the court” briefs filed by THE Delaware Riverkeeper and Peters Township. Folks, this is a dangerous case the for drilling industry… Read More “Big Stakes: Gorsline Zoning Case Goes to PA Supreme Court”

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    Cove Point LNG Now 67% Complete, Atlantic Coast Pipeline on Track

    Dominion Cove Point Terminal
    Dominion Cove Point Terminal – click for larger version

    Last week utility and midstream giant Dominion issued their second quarter update and held an earnings/analyst call to discuss the update. Sometimes those earnings calls are a treasure trove of information you don’t see in the prepared quarterly update, especially in the unscripted Q&A that follows prepared remarks. Such was the case last week. Dominion’s CEO and President, Tom Farrell, along with other top brass from the company, offered up key insights into the Cove Point LNG export project, the Atlantic Coast Pipeline project, Blue Racer Midstream (a Dominion’s joint venture project), and the status of leased acreage for which the company owns Marcellus/Utica drilling rights. A smorgasbord of yummy updates! Here they are…
    Read More “Cove Point LNG Now 67% Complete, Atlantic Coast Pipeline on Track”

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    Shakedown Complete: XTO Pays PA AG $400K to Make Case Go Away

    Make Him an Offer He Can't RefuseJust prior to going on trial for committing felonies while in office, Pennsylvania Attorney General Kathleen Kane (Democrat) needed something, ANYTHING, to distract the press from focusing on her own crimes. Since she took office in January 2013, Kane has targeted the Marcellus industry. One of the first high profile cases she manufactured (out of nothing) was to accuse XTO Energy of committing a crime in an accidental spill of a few thousand gallons of frack wastewater–an accident in Lycoming County, PA that happened years before she took office and didn’t have any long-term effects (see PA AG Abuses Her Authority, Files Criminal Charges Against XTO). The case Kane has tried to manufacture against XTO, launched in her first year in office, is finally over. Instead of dragging it out further, XTO decided to pay Kane $400,000 to make it all go away (called a shakedown in the organized crime world). Kane is settling with XTO using a “rehabilitation” program normally used for drunk drivers without a prior record–that’s how desperate she is to get this case settled and turn the focus away from herself for a few days. “Coincidentally” Kane’s own felony trial begins on Monday. It’ll be a sweet day to watch her frog marched out in leg irons when she’s convicted…
    Read More “Shakedown Complete: XTO Pays PA AG $400K to Make Case Go Away”

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    CELDF Loses Case to Represent Ecosystem – Turtles Disappointed

    Gavel-falling.jpgScore 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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    15 States File Lawsuits to Block EPA O&G Methane Rule

    lawsuitIn 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”

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    PA Court Rejects Radicalized Kids’ Global Warming Lawsuit

    rejected.jpgLast 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”

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    NY & MA AGs Refuse to Comply with Congressional Supeona

    lawlessThe 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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    PA Supreme Court Decides “Title Washing” OK in Mineral Rights Case

    Gavel-falling.jpgYou’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…
    Read More “PA Supreme Court Decides “Title Washing” OK in Mineral Rights Case”

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    Constitution Pipeline Gets a Little (Court) Help from Its Friends

    Constitution Pipeline map
    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)…
    Read More “Constitution Pipeline Gets a Little (Court) Help from Its Friends”

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    Court Forces SWEPI to Pay PA Landowners $4.1M in Lease Dispute

    Gavel-falling.jpgThe 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”

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    Former NY AG Emasculates Current AG, ExxonMobil Not Like Tobacco

    Dennis_C._Vacco
    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”

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    Radical Enviro Groups Suffer Big Court Defeat re Cove Point LNG

    Gavel-falling.jpgAnti-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”

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    Media Downplays Sunoco’s Huge Court Victory re Mariner East 2

    Sunoco LogisticsLast 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”

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    Sunoco LP Wins Major Court Decision for Mariner East 2 Pipeline

    Gavel-falling.jpgSeems 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”