Litigation

Chesapeake Energy | Energy Companies | Industrywide Issues | Lease & Royalty Payments | Litigation | Pennsylvania | Statewide PA

PA AG’s Lawsuit Derails Demchak/Chesapeake Royalty Settlement
January 4, 2016January 4, 2016

In March 2015 MDN reported on the “Demchak” royalty case in which a group of Pennsylvania landowners had agreed to a settlement with Chesapeake over Chessy’s alleged shorting of royalty payments (see Chesapeake’s PA Royalty Settlement Affects Some, Not All Landowners). As we reported at the time, “several thousand” landowners sharing two-thirds of the $11 million settlement (the other one-third going to the lawyers) didn’t seem all that great a deal to us. But we’re not PA landowners with a dog in this fight. Toward the end of last year the issue got heated again as landowners (many landowners) were faced with a decision of whether or not to opt out of the settlement (see Packed Meeting in Towanda Discusses Chesapeake Royalty Settlement). Then along came PA Attorney General Kathleen Kane, herself under indictment for felony crimes, with her own lawsuit against Chesapeake over the royalty issue (see PA Atty General Sues Chesapeake Energy, Williams for Royalty Fraud). It seems Kane’s lawsuit has now put the brakes on the Demchak settlement that was supposed to have taken place in early February. That plan is now delayed…
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Energy Services | Industrywide Issues | Litigation | New York | Regulation | Statewide NY | Williams

Time for Williams/FERC to Sue NY & End Constitution Pipe Delays
January 4, 2016January 4, 2016

In October of last year MDN added our name to the effort to pressure Gov. Andrew Cuomo to let his Dept. of Environmental Conservation (DEC) move forward with granting water-crossing permits for the much-needed Constitution Pipeline (see Time to Force NY DEC to Issue Permit for Constitution Pipeline). The corrupt Andrew Cuomo is up to his old tricks–delay and eventually deny. The time has now come to force the issue. A DEC official has admitted his agency is on the precipice. If they don’t issue the permit for the Constitution, New York is in danger of a federal takeover in granting such permits (see DEC Official Says NY in Danger of FERC Taking Over Pipeline Permits). We say that time has now come. It’s time for the Federal Energy Regulatory Commission to use its power to override New York and issue the permit and forever sideline Cuomo’s corrupt administration from playing a role in such issues. It’s also time for Williams to man-up and ue New York and go negative against “the Empire State.” That is the theme and MDN friend Tom Shepstone’s latest excellent article (from Natural Gas Now), which we’re re-posting here on MDN. We’ve seen this movie before with fracking. Cuomo intends to deny this pipeline and now is the time to fight it for all it’s worth, using every legal means possible to move forward with building the Constitution…
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Energy Companies | Industrywide Issues | Litigation | Pennsylvania | Snyder Brothers | Statewide PA | Taxation

Impact “Fee” or Impact “Tax”? It Matters in this (Court) Case
December 30, 2015December 30, 2015

Is the money collected from drillers in Pennsylvania for wells a fee, or a tax? Under the Act 13 law passed in 2012, it’s called an impact fee. We’ve long made the case that it’s part fee, part tax (see our story from 2012: PA’s New Tax on Drilling (er Sorry, Impact Fee)). Our definition, which we think makes eminent sense, is that a fee is money collected to reimburse the government for a service used. You drill a well in a community, you run big trucks over rural roads–those roads get damaged and it takes money to repair them. Or if there’s an accident because of the increase in traffic and fire/police are called out more frequently–there’s a cost associated. Local towns meeting to review and debate requests related to new wells? Takes precious time, and money. The impact fee, as originally intended, would compensate local municipalities for out-of-pocket expenses they incur when drilling comes to town. But then greedy politicians who like money to flow through their stick fingers got involved and in order to “sell” the impact fee in Harrisburg, compromises were made. In the end, 60% of the money collected from the impact “fee” stays local–to reimburse towns and counties for out-of-pocket expenses. The other 40% goes into the Harrisburg black hole and disappears into the fingers of local and state politicians who don’t incur any expense from drilling. So we call that 40% portion a tax–an obscene one at that. Why does it matter whether it’s considered a tax or a fee? Because of a Commonwealth Court case in which a driller maintains it’s a tax and the company doesn’t owe it if it’s considered a tax…
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Energy Companies | EQT Corp | Industrywide Issues | Litigation | Pennsylvania | Regulation | Tioga County (PA)

PA Supreme Court Gives EQT “Procedural Victory” in $4.5M Fine Case
December 30, 2015December 30, 2015

Over a year ago the Pennsylvania Dept. of Environmental Protection (DEP) fined PA driller EQT $4.53 million for a leaky wastewater impoundment in Tioga County, PA (see PA DEP Levies Biggest Fine Ever, $4.5M Against EQT). While EQT is not saying there wasn’t a problem with leaks at the site, they are saying the way the DEP is calculating the fine is unreasonable and arbitrary. In fact, EQT says the DEP levied the fine and took EQT to court because a few weeks prior EQT has sued the DEP. Seems to be a tit for tat thing going on. There is, more than a year later, a development in the case. EQT appealed the fine and the case to PA Supreme Court and the high court has just handed EQT a “procedural victory” by saying EQT has a point about the manner in which the DEP is calculating the fine. The Supreme Court has sent the case back to a lower court for follow up work…
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Energy Companies | EQT Corp | Industrywide Issues | Jefferson County (OH) | Lease & Royalty Payments | Litigation | Ohio | Statewide OH

Federal Judge Rules for EQT in Ohio Lease Dispute – Ramifications
December 29, 2015December 29, 2015

An important decision was recently made in a lease case in Ohio–a case which has implications for both drillers and landowners with Marcellus/Utica leases. Driller EQT signed a lease with Jefferson County, OH landowner Alex Cooper on Oct. 6, 2008. The initial term of the lease was for five years, with a five year extension IF EQT makes an extension payment. The lease also stipulates that EQT MUST drill a well on or before Oct 6, 2013–the end of the first term of the lease. EQT opted to extend the lease, making (or rather attempting to make) a payment to Cooper–but EQT did not drill a well by Oct 6, 2013. Cooper claimed since EQT hadn’t drilled, the lease expired on Oct 6, 2013 and he is free to lease again. The case ended up in Federal District Court for the Southern District of Ohio and U.S. District Judge Algenon Marbley decided in favor of EQT, even though the language in the lease stipulates a well MUST be drilled during the first term of the lease. How and why did Judge Marbley decide the case as he did? Below is a recap of the case, followed by a copy of the full decision from Judge Marbley…
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American Water Management | Earthquakes | Energy Services | Industrywide Issues | Litigation | Regulation | Wastewater

Judge Tosses Appeal to Re-Open Trumbull, OH Injection Well
December 29, 2015December 29, 2015

It appears that in Ohio it’s A.O.K. for regulatory bodies to write laws–something the legislature is supposed to do–and not only can they write laws, they can take their sweet time doing it, denying a legally permitted business the right to conduct operations in the meantime. And if the legally permitted business seeks justice in the court system? Yeah, even the judge sides with the all-powerful state to prevent that business from operating. That about sums up the situation in Ohio for American Water Management Services (AWMS). 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 ODNR Temporarily Shuts Down Injection Wells After Low-Level Quake). One of the two injection wells was allowed to re-open, but not the other (see ODNR Clears Trumbull Co. Injection Well in August Quake). Why was one well allowed to re-open but not the other? Because the ODNR is supposedly crafting new regulations that will govern the offending well that may or may not have caused the low-level quake. When will we see those new regs? Who knows! AWMS appealed ODNR’s decision to keep the second well shut down to the Ohio Oil and Gas Commission, a body that works for (yes) the ODNR. Unsurprisingly the Commission found ODNR is within its right to keep the second well shut down while it takes its time writing new regulations. AWMS appealed the Commission’s decision to a court, and the judge threw out the case because of a filing deadline legal hoop AWMS didn’t jump through properly…
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Industrywide Issues | Litigation | Research

Lawsuit Forces NOAA to Disclose Climate Data Tampering
December 23, 2015December 23, 2015

It turns out that the National Oceanographic and Atmospheric Administration (NOAA) has something to hide with respect to the data it collects on so-called climate change. NOAA is the point agency in the United States for collecting weather and temperature data and disseminating that data for others to use. Science should be science–facts should be facts. But there’s been funny business going on inside of NOAA, and now they’re trying to cover it up. The so-called data coming from NOAA, it’s now being discovered, has been tampered with. Changed. Modified. Cherry-picked. Use whatever term you want. We’d call it scientific fraud. It took a lawsuit by the valiant organization Judicial Watch to force NOAA to release internal documents at NOAA that prove NOAA has been playing fast and loose with climate data…
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Accidents | Anadarko | Clinton County | Energy Companies | Industrywide Issues | Litigation | Pennsylvania

Fed Court Rules PA Wrongful Death Lawsuit Against Anadarko Proceeds
December 22, 2015December 22, 2015

In May 2012 a water truck driver delivering water to an Anadarko Marcellus Shale well pad in Clinton County, PA missed a turnoff for the road he was supposed to take, at 2:30 am in the morning. A couple of miles later he crashed and tragically died because the road he was on was not marked well and not conducive to the truck he was driving. There was a sign warning the driver not to go beyond a certain point. The driver had previously–that night–already delivered to the well pad and successfully turned onto the road he was supposed to take. Why did he miss it the second time? His widow maintains that even though he worked for a subcontractor, Anadarko was the company in charge and should have had a light illuminating the “No Anadarko Traffic Beyond This Point” sign. So she sued Anadarko, and the subcontractor, for wrongful death. Lower courts threw out the lawsuit but a federal appeals court has just reinstated a civil suit against Anadarko that will go to a jury…
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Energy Services | Industrywide Issues | Litigation | Pennsylvania | Pipelines | Sunoco Logistics | Washington County

Judge Rules Yes, Mariner East Pipe IS a Public Utility After All
December 21, 2015December 21, 2015

In June we told you that Sunoco Logistics Partners had sued two different families/landowners in Washington County, PA using eminent domain to complete a pipeline part of the Mariner East project (see Mariner East Invokes Eminent Domain Against 2 SWPA Landowners). As we said at the time, nobody wins when it comes to using eminent domain for pipelines. In the case of the Mariner East pipeline, the ongoing legal question/issue has been whether or not the pipeline qualifies as a public utility with the right to invoke eminent domain. Last week a Washington County judge ruled that yes, Mariner East is a public utility and that the state of Pennsylvania controls permitting for the pipeline, not the Federal Energy Regulatory Commission (FERC). The Washington County landowners who sued have lost their appeal of the eminent domain case against Sunoco, and the pipeline will now cut through their property…
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Bradford County | Chesapeake Energy | Energy Companies | Energy Services | Industrywide Issues | Lease & Royalty Payments | Litigation | Pennsylvania | Statewide PA | Williams

PA Atty General Sues Chesapeake Energy, Williams for Royalty Fraud
December 10, 2015December 10, 2015

Pennsylvania Attorney General Kathleen Kane, who has been indicted on numerous felony charges and likely to be forced from office any day now, filed a lawsuit yesterday against Chesapeake Energy in Bradford County Court over the issue of shorting landowners out of royalties. What every story we’ve seen (thus far) misses is this: The lawsuit also names Williams as participating in the scheme to defraud landowners out of royalty payments. So this is not just a Chesapeake story, it’s a Williams story too. Landowner groups are “hailing” the decision, jumping up and down with glee. Let us throw a little cold water on your face. Note to landowners and the groups that represent them: When you (metaphorically) crawl into bed with Kathleen Kane, you’re crawling into bed with a rattlesnake. Sooner or later she’s going to turn on you too. Mark it down. It’s in her nature. With that disclaimer in place, we’ll break down the news for you, and show you a copy of the lawsuit Kane’s office filed yesterday…
Read More “PA Atty General Sues Chesapeake Energy, Williams for Royalty Fraud”
Bradford County | Chesapeake Energy | Energy Companies | Industrywide Issues | Lease & Royalty Payments | Litigation | Pennsylvania | Statewide PA

Packed Meeting in Towanda Discusses Chesapeake Royalty Settlement
December 9, 2015December 9, 2015

Last week MDN told you about a very important class action lawsuit that is about to be settled against Chesapeake Energy. It’s called the “Demchak” case and it involves thousands of Pennsylvania landowners who are currently, or even formerly, signed with Chesapeake (see Decision-time for Landowners in Demchak/Chesapeake Royalty Case). Landowners are automatically part of the settlement unless they opt out by December 17. A big confab was held last Wednesday (Dec. 2) at the Towanda (Bradford County), PA High School. It was a packed house with ~650 landowners attending. MDN had our very own reporter, Johnny Williams, on the scene. He files the following report, with important information for landowners…
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Anti-Drilling/Fossil Fuel | Energy Companies | Industrywide Issues | Inflection Energy | Litigation | Lycoming County | Pennsylvania

Inflection Energy Defeats Delaware Riverkeeper in Lycoming Co.
December 8, 2015December 8, 2015

It doesn’t happen often enough, which is why we make a big deal of it when it does: An energy company (in this case Inflection Energy) completely, utterly, and humiliatingly defeated THE Delaware Riverkeeper in an important court case in Lycoming County, PA. Less than a month ago we brought you the news that a Lycoming County judge had told an anti-driller, backed by Delaware Riverkeeper and Riverkeeper attorney Jordan Yeager, that the case they had filed to prevent Inflection Energy from drilling a legally permitted well was frivolous. The judge said he would allow the case to go forward, but only if the anti (and Riverkeeper) put up big bucks as collateral for the eventuality that they would likely lose (see PA Judge to Antis Seeking Drilling Delay: Put Up $5.69M or Shut Up). Turns out making these sleazeballs put their money where their mouth is, is good medicine. Riverkeeper and its “client” (the local anti-driller) have bowed out. The case is now closed and can’t be re-opened–and it sets a precedent for similar cases. In other words, the good guys won this time!…
Read More “Inflection Energy Defeats Delaware Riverkeeper in Lycoming Co.”
Energy Companies | Industrywide Issues | Litigation | Pennsylvania | Range Resources Corp | Washington County | Wastewater

DEP Final Determination: Range Didn’t Pollute Kiskadden Water Well
December 8, 2015December 8, 2015

Another “Range Resources impoundment leak polluted my water well” case was quietly resolved just a few days ago. You may recall that for some time we’ve been following the back and forth between 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 PA DEP Fines Range Resources $4.15M for Wastewater Impoundments). Some of the nearby neighbors claimed that Range’s leaky impoundments (a quarter of a mile away) contaminated their water wells. One of those landowners was Loren Kiskadden, who is suing Range in civil court. The problem is, the DEP found that the nearby Yeager impoundment had not contaminated Kiskadden’s well, which led to allegations that the DEP had bungled the investigation (see Did DEP Mishandle Range Wastewater Impoundment Investigation?). Kiskadden had to press on, because if the DEP doesn’t reverse its finding, he has no civil case against Range. Press on he did (see Hearing on Range Yeager Impoundment/Water Contamination Continues). The matter was heard by the DEP’s Environmental Hearing Board (EHB). The EHB found that Kiskadden didn’t have a case–his well was not contaminated by Range’s impoundment. So Kiskadden and his lawyers asked for a re-hearing. The result of that re-hearing just came back and closes the door, once and for all, on the case…
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Beck Energy | Energy Companies | Industrywide Issues | Litigation | Ohio | Regulation | Statewide OH

The Unsettled Issue of Home Rule in Ohio
December 8, 2015December 8, 2015

A law professor from Cleveland State University, writing a guest viewpoint in Crain’s Cleveland Business, does an excellent job in outlining the precarious and unsettled issue of so-called home rule in Ohio with respect to the right of local municipalities in layering on their own zoning regulations that control oil and gas drilling. In early 2015 the Ohio Supreme Court ruled that Munroe Falls could not add to or otherwise layer on their zoning regs that interfere with state regulations that govern oil and gas drilling (see OH Supreme Court Strikes Down Home Rule in Gas Drilling Case). As we later wrote, Beck Energy, the driller in the case, asked the Supreme Court to essentially strike down Munroe Falls’ entire zoning scheme as being unconstitutional. In November the Supremes declined to do that, leaving everyone scratching their collective heads (see OH Supreme Court Sends Mixed Signal on “Home Rule” Issue). Law prof Heidi Gorovitz Robertson takes it from there…
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Blue Ridge Mtn Res/Magnum Hunter | Energy Companies | Industrywide Issues | Litigation

Magnum Hunter Investor: We’ll Sue to Stop Bankruptcy Filing
December 4, 2015December 4, 2015

Dallas Salazar

A developing situation with Magnum Hunter Resources (MHR). As you know, analysts we’ve read believe MHR is about to file for bankruptcy. In fact, MHR itself indicates bankruptcy is a very real (likely?) option, judging from comments they make in a recent filing they made with the SEC (see Dire Straits: Magnum Hunter Tells SEC Heading for Bankruptcy). However, one of MHR’s largest stockholders, Dallas Salazar, CEO of Austin, TX-based Atlas Consulting, is telling MHR to hold on (see Activist Investor Threatens Magnum Hunter with Takeover Unless…). Salazar and a growing list of supporters will fight an MHR bankruptcy tooth and nail. Salazar has assembled a team of investors who will sue MHR should the company file for bankruptcy. Salazar’s legal team is the same team that previously (and successfully) sued Washington Mutual on behalf of shareholders. Salazar, in very frank language, has sent a letter to MHR management to let them know bankruptcy is not an option (see the letter below)…
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Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

Bombshell Revelation: Cuomo was on Cusp of Lifting Frack Ban
December 2, 2015December 2, 2015

An interesting update on what is now ancient history in New York State with regard to Andrew Cuomo and his ban on fracking. According to secretly recorded wiretaps of conversations of the son of former NY Senate Majority Leader Dean Skelos, a Cuomo official made the rounds to several prominent Senate Republicans to ask if there would be any “blowback” when (not if) Cuomo lifted a ban on fracking. If true, the revelation is a bombshell–that Cuomo had intended to lift the moratorium but changed his mind at the last minute. The problem with the recorded conversations is that Skelos’ son Adam, in talking with three different lobbyists, attributes the conversation to different Cuomo Administration sources. That is, he changes his story, making his story less credible. Both father Dean and son Adam Skelos are on trial in Manhattan for corruption. Dean tried to help his son get work with sweetheart deals–something that happens every day in New York with both Republicans and Democrats. We’re not excusing corruption–just pointing out the context and circumstances…
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