PA Town May Change Charter as Tactic to Stop Injection Well
In 2013 the radical leftist PA-based group Community Environmental Legal Defense Fund (CELDF) convinced enough ignoramuses in Highland Township (Elk County, PA) to pass a so-called Community Bill of Rights. Seneca Resources, a driller with leases and an active drilling program in Elk, had planned to drill an injection well on their own property to dispose of their own flowback and produced water. The CELDF-inspired ordinance Highland Twp passed prevented it, and Seneca threatened to sue the town (see Seneca Resources Threatens to Sue PA Town over Injection Well). Seneca made good and filed to sue, but the town and CELDF tried to prevent the lawsuit. In late March of this year, a judge overruled the objections of the radical CELDF and the nutjobs from town board (see Judge Rules Seneca May Challenge Injection Well Ban in Elk County). The latest in this ongoing saga is that the obstinate dupes from Highland, still listening to the CELDF (which has lost every home rule case brought against it) now plans to set up a home-rule charter commission–essentially change the town’s incorporation status. It’s a tactic of the desperate to try and circumvent state law…
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Is this the smoking gun that proves collusion and corruption between Democrat New York Attorney General Eric Schneiderman and radical Big Green groups? In March, AG Schneiderman and a handful of other Democrat Attorneys General, along with climate huckster Al Gore, gathered in New York City to discuss a coordinated legal attack against oil and gas companies (see 
Big Green groups, including the nutty Sierra Club, the left-leaning Chesapeake Climate Action Network and the odious Earthjustice continue to pump money and lawyers and time into an effort to stop progress on Dominion’s construction of an LNG (liquefied natural gas) export facility in Cove Point, Maryland. As of March the Cove Point project was already a quarter done (see 
As we have long chronicled, a few anti-drilling parents from the Mars School District (Butler County, far western part of the state), backed by a couple of Big Green groups from the other side of the state (THE Delaware Riverkeeper and the Clean Air Council, both based in the Philadelphia area), sued Middlesex Township to stop shale drilling in rural portions of the county. Rex Energy had applied for, was legally permitted for, but wasn’t allowed to drill a series of wells some three-fourths of a mile from the Mars School (for background, see our long list of “Martian” stories 
In March MDN told you about a lawsuit filed by the Pennsylvania Independent Petroleum Producers Association (PIPP) against implementation of new rules and changes to existing rules known as Chapters 78 & 78a (see 
An important case regarding royalties was ruled on in the Superior Court of Pennsylvania on April 7th. As with many of these cases, this one is complicated. We’ll do our best to summarize it. A husband and wife leased their property in the 1990s to a company that eventually sold the least to CNX (i.e. CONSOL Energy). The couple later signed another lease with CNX in 2002. Both leases states that CNX will pay the couple one-eighth of the sale price for the gas as a royalty. But more than just the wells on the couple’s land are commingled in a drilling unit, so the way CNX calculate the royalties (as per the lease) is to measure the amount of production at the wellhead and divide accordingly. If the couple’s well produced 20% of the overall volume produced by all the wells in the unit, they get 20% of one-eighth of the sale price. But here’s the thing: the amount of gas that eventually gets sold “down the pipeline” is less than what is produced at the wellhead. As gas travels through pipelines and compressor stations, some of it disappears. The couple’s attorney says because CNX can’t account for 100% of the gas that disappears (maybe more disappears from the neighbor than his client), that CNX is in breach of the lease and owes the couple a royalty based on the gas produced at the wellhead and not based on what is eventually sold “down the pipeline.” A lower court ruled in favor of CNX. Now, the Superior Court of PA has also ruled in favor of CNX and says the clever legal reasoning by the couple’s attorney doesn’t hold water…
Yesterday the Pennsylvania State House and Senate energy committees voted to disapprove the state Dept. of Environmental Protection’s proposed new Article 78 and 78a drilling rules. In February when the Pennsylvania Environmental Quality Board (EQB) approved the new regulations after those regs were vigorously opposed by conventional drillers in the state, the Pennsylvania Independent Oil & Gas Association (PIOGA) blasted the decision calling the DEP “deceptive” (see 
Last week MDN brought you news that mainstream media has all but ignored, in hopes of burying it: Cabot Oil & Gas has filed a legal motion to appeal the OJ jury decision to award two landowner families in Dimock, PA $4.24 million (see