Litigation

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

Decision-time for Landowners in Demchak/Chesapeake Royalty Case
December 1, 2015December 1, 2015

Is the long, sordid affair over Chesapeake Energy screwing Pennsylvania landowners out of royalties finally near an end? Chesapeake and some landowners, part of the “Demchak” class action lawsuit–certainly want you to think so. A year ago MDN told you about a settlement between “several thousand” Pennsylvania landowners and Chesapeake over the royalty issue–Chessy deducting post-production payments by pipeline companies in what some call a scam that leaves landowners signed with Chesapeake receiving royalty checks that are pennies on the dollar compared to what they should receive. The new settlement for those “several thousand” would be 2/3 of $11 million, after the lawyers get their 1/3 cut (see Chesapeake & PA Landowners Settle Royalty Lawsuit…Again). Many PA landowners who are leased with Chesapeake now face a decision–and doing nothing is not an option. The lawyers and the court are about to close the door on what is called the Demchak class action lawsuit. PA landowners with a “market enhancement clause” in their lease should have already received a form letter announcing that unless they opt out of the settlement, they will be included. Below we have an excellent outline of what your options are according to the PA National Association of Royalty Owners (NARO), along with the opinion of one Bradford County landowner who is less than thrilled with the Demchak settlement…
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Anti-Drilling/Fossil Fuel | Industrywide Issues | Litigation | Pennsylvania | Statewide PA

PA Supreme Court to Hear Case on Banning Drilling on State Lands
November 30, 2015November 30, 2015

Pennsylvania’s Democrat Supreme Court will take up the issue of whether or not private property rights still exist in the Keystone State. That’s the clear legal issue before the court over whether or not the State of Pennsylvania can continue to allow oil and gas drilling on state lands and use the revenues it receives as part of the general fund. Lower courts have all ruled that yes, the state can legally lease its own property, and allow drilling under public land for which it doesn’t, in some cases, own the mineral rights. But radical environmentalists are attempting to abuse the state’s highest court–now packed with liberal Democrats–to achieve what they can’t achieve by any other means. They’re hoping the high court will find a new cockamamie “right” to protect the environment that trumps public and even private property rights in the process. That is, they’re hoping the Supremes will rule that the state MUST ban drilling on state-owned land, in order to protect Mother Earth…
Read More “PA Supreme Court to Hear Case on Banning Drilling on State Lands”
CNG/LNG | Dominion Energy | Energy Services | Exporting | Industrywide Issues | Litigation | Maryland | Processing Plants | Statewide MD

Antis Try Last Desperate Ploy to Stop Cove Point LNG in Court
November 25, 2015November 25, 2015

Dominion is working fast and furiously on constructing the Cove Point LNG export facility in Maryland. In fact, it’s now half done (see Dominion 3Q15: Progress on Atlantic Coast Pipeline, Cove Point LNG). Even though the Federal Energy Regulatory Commission (FERC) gave its blessing on the project, and even though Dominion suffered through something like 70+ federal, state and local permits to begin building, irrational anti-fossil fuel haters are still opposing the project. We told you how some of the most extreme among them endangered fans at an NFL game recently (see Cove Point Protesters Disrupt Monday Night Football Game on TV). Now comes word that several groups of nutters, including Waterkeepers Chesapeake, Potomac Riverkeeper, Lower Susquehanna Riverkeeper and others have filed a “friend of the court” brief in a lawsuit that is trying to get the project stopped cold in its tracks…
Read More “Antis Try Last Desperate Ploy to Stop Cove Point LNG in Court”
Anti-Drilling/Fossil Fuel | Butler County | Energy Companies | Industrywide Issues | Litigation | Pennsylvania | Regulation | Rex Energy

PA County Judge Rules Rex Can Begin Drilling First Martian Well
November 24, 2015November 24, 2015

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 (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 still hasn’t been 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 here). This is the outrage: These very same anti-drillers fought hard to overturn a portion of the 2012 Act 13 law that took zoning of oil and gas out of the hands of local towns and put it in state hands. The zoning portion of Act 13 was overturned by the PA Supreme Court. The antis got what they wanted–except, it seems, they got a little too much of what they wanted. They didn’t factor that in some towns there would be a majority who favor fracking and shale drilling–like in Middlesex. Middlesex ran an extensive series of nine hearings over seven months and eventually adopted zoning ordinances that allow Rex to drill. So the antis sued to stop what they previously sued to achieve. Eventually a group of landowners counter-sued the antis (rightfully so) for denying them access to allow drilling on their own land. That lawsuit is still playing out in the courts. Last Thursday a Butler County judge ruled, once again, that the zoning ordinances adopted by Middlesex are legal and therefore drilling can commence. The antis will appeal the decision and continue to try and block local landowners from legally using their own property as they see fit…
Read More “PA County Judge Rules Rex Can Begin Drilling First Martian Well”
Anti-Drilling/Fossil Fuel | Energy Services | Industrywide Issues | Lancaster County | Litigation | Pennsylvania | Pipelines | Transco | Williams

Wrath of Kann: PA Anti’s Disorderly Conduct Conviction Overturned
November 19, 2015November 19, 2015

Kimberly Kann, a resident of Conestoga Township in Lancaster County, PA, decided she would break the rules at a town meeting this past April. The meeting was to discuss so-called home rule and the role it should play in the town with respect to regulating pipelines, like the planned Atlantic Coast Pipeline project from Williams. The ground rules for the meeting were simple: ASK QUESTIONS ONLY. Kann decided she would use it as a public forum to pontificate and rail against pipelines. She wouldn’t ask questions and was repeatedly warned–so when she wouldn’t shut up, they arrested her and threw her out of the meeting (see Wrath of Kann: Lancaster Anti-Driller Arrested/Ejected from Mtg). In July she was found guilty as charged (see Wrath of Kann: Lancaster Anti-Driller Guilty of Disorderly Conduct). Kann should have paid her $325 fine/court costs and ended it–but she kept fighting. It eventually would cost her $3,000 in legal fees, but Kann, like the character played by Ricardo Montalban in Star Trek II, has had the last laugh. In a hollow victory, Kann got her conviction overturned by a Lancaster County judge…
Read More “Wrath of Kann: PA Anti’s Disorderly Conduct Conviction Overturned”
Anti-Drilling/Fossil Fuel | Energy Companies | Industrywide Issues | Inflection Energy | Litigation | Lycoming County | Pennsylvania

PA Judge to Antis Seeking Drilling Delay: Put Up $5.69M or Shut Up
November 17, 2015November 17, 2015

Here’s a story we LOVE bringing you. A Pennsylvania county judge, Senior Judge Brendan J. Vanston (Lycoming County), has just told an anti-driller to put up or shut up. Inflection Energy had been legally permitted to begin drilling a well in Loyalsock Township in Lycoming County. As they so often do, an anti-driller objected, filing an appeal to stop the drilling in an attempt to delay it by (ab)using the courts. The judge said, in essence, “OK, if you want to play this game, you need to put up $5.69 million as a bond–money you will lose if you don’t prove your frivolous case.” We predict the case will quickly disappear and Inflection will begin drilling…
Read More “PA Judge to Antis Seeking Drilling Delay: Put Up $5.69M or Shut Up”
Anti-Drilling/Fossil Fuel | Energy Companies | Indiana County | Industrywide Issues | Litigation | Pennsylvania | Pennsylvania General Energy | Regulation | Wastewater

Anti Group CELDF Won’t Help Grant Twp Pay $1M Judgement
November 16, 2015November 16, 2015

Question: How will Grant Township (Indiana County, PA), a town with 741 people in it, pay a lawsuit it may lose awarding Pennsylvania General Energy (PGE) $1 million? Going by the law of averages, less than half of the 741 people actually pay taxes (the other half are welfare slugs). So the question is, how can something like 200 families come up with enough money to pay such a large lawsuit? Answer: they can’t. The town goes bankrupt. That is the very real situation facing the residents of Grant Township. You may recall we’ve written about this before. Grant tried to block PGE from building a wastewater injection well in the township by passing an illegal law stirred up and proposed by the odious Community Environmental Legal Defense Fund, or CELDF (see Fed Judge Overturns Grant Twp, PA Ban on Injection Wells). The town has now tried to reorganize in order to avoid the judge’s ruling (see Grant Twp, PA Reorganizes to Avoid a Court-Ordered Injection Well). PGE has sued the town claiming (truthfully) they’ve suffered at least $1 million in damages. That case goes to trial in March. If the town loses, the town pays. The cowardly CELDF has admitted they won’t contribute a penny toward the $1 million fine if the case goes against the town. Nice friends the people of Grant have made in the CELDF, wouldn’t you say?…
Read More “Anti Group CELDF Won’t Help Grant Twp Pay $1M Judgement”
Industrywide Issues | Lease & Royalty Payments | Litigation | Pennsylvania | Statewide PA

PA Superior Court Rules on 2nd Important Surface/Mineral Rights Case
November 16, 2015November 16, 2015

We have a second important Pennsylvania Superior Court case decision to bring you in less than a month. Last month we told you about Wright v. Misty Mountain Farm LLC, a case with implications for all land and mineral rights owners in PA (see PA Superior Court Rules on Important Surface/Mineral Rights Case). Another case decided Nov. 6, Northern Forests II, Inc. v. Keta Realty Company, also has big implications for rights owners. In the Northern Forests case (full copy below), the surface rights owner (Northern Forests) claimed they should also own the subsurface rights due to a legal principal called adverse possession. In reviewing the case, a PA trial court found the original case from 1989 awarding Northern Forests the mineral rights, was in error–the rights revert back to the original rights owners. PA Superior Court agreed and upheld the decision. Here’s the low down from legal beagles at McGuireWoods, the attorneys for Keta Realty, the winner in the case…
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Industrywide Issues | Litigation | Ohio | Regulation | Statewide OH

OH Supreme Court Sends Mixed Signal on “Home Rule” Issue
November 12, 2015November 12, 2015

Earlier this year the Ohio Supreme Court ruled in a very important court case that the “city” (of 5,000 people) of Monroe Falls could not layer on its own oil and gas regulations over top of state regulations, effectively preventing Beck Energy from drilling on a site in the city already properly permitted (see OH Supreme Court Strikes Down Home Rule in Gas Drilling Case). It was assumed that case would provide precedence and settle the issue once and for all that towns can’t simply pass their own zoning regulations in an attempt to prevent oil and gas drilling. But it appears the mind of the Supremes is far from being settled. Beck Energy, following that case, pressed their advantage and asked the court for an order that directs Monroe Falls to not use zoning ordinances “to prohibit drilling for oil and gas in 99.06 percent of the city’s territory.” On Tuesday the Supreme Court dismissed the request without comment, leaving everyone to wonder what they really intend. It appears to not be a good sign for the drilling industry in Ohio…
Read More “OH Supreme Court Sends Mixed Signal on “Home Rule” Issue”
Anti-Drilling/Fossil Fuel | CNX Resources | Energy Companies | Industrywide Issues | Litigation | Pennsylvania | Regulation | Westmoreland County

3 Western PA Antis Weigh Appeal of Court Ruling in Zoning Case
November 12, 2015November 12, 2015

Three anti-drillers in Westmoreland County, PA are continuing their quest to deny their neighbors the right to allow natural gas drilling. You may recall one week ago we told you that a clear-thinking western PA county judge ruled that there are two sides to the Act 13 court case–local municipalities don’t always have to rule you *can’t* allow drilling in certain areas, sometimes the decision goes the other way *to* allow it (see PA County Court Rules Drilling OK in Ag/Residential District). In this particular case, three ladies–Dolores Frederick, Patricia Hagaman and Beverly Taylor–have their knickers in a twist that one of their neighbors, a farm owned by John and Anne Slike, wants to allow CNX Gas (i.e. CONSOL Energy) to drill on their property, some 1,200 feet away. The three ladies lost. But as with antis everywhere, the rule of law makes no difference. They (and their lawyer) are still agitating to try and prevent the Slikes from moving forward. They’re deciding whether or not to appeal the decision…
Read More “3 Western PA Antis Weigh Appeal of Court Ruling in Zoning Case”
Anti-Drilling/Fossil Fuel | Indiana County | Industrywide Issues | Litigation | Pennsylvania | Regulation | Wastewater

Grant Twp, PA Reorganizes to Avoid a Court-Ordered Injection Well
November 11, 2015November 11, 2015

In October MDN told you about Grant Township in Indiana County, PA. The town had attempted to illegally block a permitted injection well from being drilled and used inside the town’s boundaries. The town folk have been whipped into an irrational frenzy by the radical leftist PA-based group Community Environmental Legal Defense Fund (CELDF). As usual, the CELDF-promoted so-called Community Bill of Rights failed in court, costing Grant Township taxpayers big bucks to defend (see Fed Judge Overturns Grant Twp, PA Ban on Injection Wells). People without jobs (like those infesting CELDF) have lots of time to be creative–so here’s the latest. They talked enough town folk into passing another/new plan on the November. The town voted to convert itself from being a PA Second Class Township form of organization to being PA Home Rule Charter form of organization–in an attempt to do an end-run around the judge’s ruling last month. Will it work? Probably not, but here we go again–another delay for Pennsylvania General Energy and their plan to drill an injection well. You know the old saying? Justice delayed is justice denied. When will the courts step in and stop this madness?…
Read More “Grant Twp, PA Reorganizes to Avoid a Court-Ordered Injection Well”
Industrywide Issues | Lease & Royalty Payments | Litigation | Ohio | Statewide OH

Ohio Supreme Court Rules in Important Dormant Mineral Act Case
November 9, 2015November 9, 2015

For several years MDN has been telling you about a thorny legal issue in Ohio, bubbling in the background–the Dormant Mineral Act (DMA). In a nutshell, there are two DMAs in Ohio–one passed in 1989 that went into effect in 1992, and another in 2006 which added certain additional procedural requirements to the 1989 version. The DMA in its various versions provides for mineral rights that had previously been separated from surface rights to transfer to the surface owner under certain conditions. The problem for both drillers and for landowners in Ohio, is in knowing which set of DMA rules to use (1989 or 2006) in determining who owns the mineral rights. There are a dozen cases sitting before the Ohio Supreme Court dealing with the DMA. Last December we gave you a run-down on four of the most important DMA cases before the Supremes (see 4 Important Dormant Mineral Act Cases with OH Supreme Court). One of those cases, Chesapeake v. Buell, was decided last week. It has big implications for both drillers and mineral rights owners…
Read More “Ohio Supreme Court Rules in Important Dormant Mineral Act Case”
Anti-Drilling/Fossil Fuel | Energy Companies | Exxon Mobil | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

NY AG Targets/Accuses ExxonMobil of Lying about ‘Climate Change’
November 6, 2015November 6, 2015

Eric Schneiderman, NY AG

We’ve written before about the lawless Attorney General from New York–Eric T. Schneiderman. He attacks his own constituents like landowners in the state (see NY AG Schneiderman Files to Dismiss JLCNY Lawsuit Against Cuomo), threatened the Delaware River Basin Commission that he would sue them if they allowed fracking (see NY AG Schneiderman Threatens New DRBC Lawsuit over Fracking), and he regularly bullies oil and gas companies (see NY Attorney General Schneiderman Subpoenas Shale Drillers and More on NY AG Schneiderman’s Bullying of Anadarko & EOG Resources). Schneiderman has just performed a breathtaking act of chutzpah: He’s launched an investigation and subpoenaed ExxonMobil, the largest oil company in the United States (4th largest in the world), accusing them of making false statements about so-called man-made global warming. He’s saying they contribute to global warming and they’re lying about their role in it–that they’ve made false statements to the public that contradict what their own internal research has found. That is, he is using the same strategy used against tobacco companies 20 years ago…
Read More “NY AG Targets/Accuses ExxonMobil of Lying about ‘Climate Change’”
Industrywide Issues | Litigation | Pennsylvania | Regulation | Westmoreland County

PA County Court Rules Drilling OK in Ag/Residential District
November 5, 2015November 5, 2015

Since the Pennsylvania Supreme Court’s horrible decision in the infamous “Robinson” case that ruled local municipalities have the right to regulate oil and gas drilling via local zoning ordinances, there have been several cases where anti-drillers have tried to turn the decision (a decision they earnestly desired) on its head. The “Supreme” justices decided that local towns and cities can control where drilling takes place–although they must reserve at least one zoned district (industrial) where they allow oil and gas drilling (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). What the antis didn’t factor is that there are some local communities with clear-thinking and straight heads on their shoulders–communities that may evaluate a request for drilling and grant an exception to allow it, in oh, say a agricultural/residential area instead of just an industrial area. Perhaps the most famous example of such a case currently being litigated is in Butler County where parents from the Mars School School district along with two Big Green groups from Philadelphia are using the courts to block, since last November, legally permitted and town-approved drilling 3/4 of a mile from the Mars School District (see Rex Drilling Operation Near Mars School Put on Hold). The convoluted argument from antis is, in essence, zoning regulations are not strict enough. That’s not what the Act 13 decision was about. You can’t have your cake AND eat it too. Some towns will decide to allow drilling under their zoning laws that you may not agree with! A similar case has just been decided in Westmoreland County in local county court–and it’s very good news for the Marcellus industry…
Read More “PA County Court Rules Drilling OK in Ag/Residential District”
Chautauqua County | Electrical Generation | Energy Services | Industrywide Issues | Litigation | New York | NRG Energy | Regulation

Dunkirk, NY Coal-Fired Electric Plant Closing in January 2016
November 4, 2015November 4, 2015

As MDN previously reported, a coal-fired electric generating plant near Buffalo (in Dunkirk) was slated to be converted to burn natural gas–a win/win for everyone (see Dunkirk, NY Electric Plant Saved – Converting from Coal to NatGas). Oh sure, radical environmentalists like the Sierra Club opposed it, but that’s to be expected. Crazy people do crazy things. Everything seemed to be fine until a competitor hauled NRG, the plant’s owner, into court to dispute the change from coal to natgas. Sounds equally crazy that a competitor can stop the change, but NRG says fighting the case will take years, so they’re just going to close the plant down (see Lawsuit Prevents NY Power Plant from Converting to NatGas, Closing). Sadly, last week the New York State Independent System Operator (NYISO) gave its blessing to NRG to close down the Dunkirk plant. This is an economic nuclear bomb for that community. The Town of Dunkirk gets 40% of its tax revenue from the plant. What will they do now?…
Read More “Dunkirk, NY Coal-Fired Electric Plant Closing in January 2016”
Energy Services | GreenHunter Resources | Industrywide Issues | Litigation | Meigs County | Ohio | Washington County (OH) | Wastewater

GreenHunter Sues 2 Former VPs + OH Competitor for Conspiracy
November 3, 2015August 4, 2017

8/4/17: There is an important update to this story. The lawsuit brought by GreenHunter was dismissed in June 2017. Please see this post for more details: GreenHunter Lawsuit Against Former Employees Dismissed.

A lawsuit filed by GreenHunter Resources against two former vice presidents of the company is just coming to light. On October 15 GreenHunter filed a lawsuit in U.S. District Court in Ohio against John Jack, former vice president of Appalachia operations for GreenHunter, and against Rick Zickefoose, former vice president and operations manager at GreenHunter. The lawsuit also names Dean Grose, CEO of Comtech Industries and a principle with Water Energy Services–both competitors of GreenHunter. The lawsuit alleges that Jack and Zickefoose shared company secrets with a competitor and then left to work for that competitor, damaging GreenHunter in the process. Some of those secrets–a key part of it–dealt with GreenHunter’s talks with the U.S. Coast Guard over barging brine down the Ohio River…
Read More “GreenHunter Sues 2 Former VPs + OH Competitor for Conspiracy”