PA Judge Rejects Landowners’ Challenge to Mariner East 2 Pipeline
A Pennsylvania state judge last Tuesday dismissed a lawsuit by three Cumberland County landowners against Sunoco Logistics Partners over the company’s assertion of eminent domain to build the Mariner East 2 pipeline across their property. Sunoco is currently pumping propane through the Mainer East 1 pipeline and has plans to add a second and third pipeline next to the existing pipeline, collectively called Mariner East 2. All told, Sunoco LP is spending an eye-popping $3 billion to build out the Mariner East project which flows natural gas liquids (propane, ethane, others) from as far away as eastern Ohio to the Philadelphia-area Marcus Hook refinery. The judge, in tossing out the lawsuit, further strengthens Sunoco LP’s argument that the Mariner projects, which will distribute the NGLs flowing through them both within PA and beyond PA, is in fact a public utility under PA law and entitled to use eminent domain, if necessary, to build the project…
Read More “PA Judge Rejects Landowners’ Challenge to Mariner East 2 Pipeline”
One reason why it takes so long to build a pipeline is the litigation necessary to make it happen. In September 2014, Dominion committed full force to building a 550-mile, $5 billion natural gas pipeline that will run from West Virginia, through Virginia and into North Carolina (see 
Last Thursday the Ohio Oil and Gas Commission issued its first order addressing the issue of forced pooling. The Commission upheld a forced pooling order against Ohio landowner Gary Teeter Trust (Ronald Roudeush is the trustee of the trust) by reaffirming that Ohio’s pooling and unitization provisions work to protect landowners–even those landowners like Roudeush who prefer not to be part of a drilling unit–by fairly compensating them. Rex Energy has leased land around the Teeter Trust (in Carroll County, OH) and sought to include 71 acres of the Teeter Trust property in a drilling unit, which Roudeush objected to and appealed. We have a copy of the decision below along with a further explanation of the case from the legal beagles at the Vorys law firm (the firm representing Rex Energy in the case)…
Only in America, and only in Ohio (slowly shaking our heads). Last Thursday, the Ohio Supreme Court voted 7-0 to force an anti-fracking ballot measure that has been on the ballot in Youngstown, Ohio four times previously to be added to the ballot once again in November–for a fifth time. Even though (as the justices acknowledge) the ballot measure itself “may be” unconstitutional, as their own court recently found (see 
It seems anti-drillers love to launch lawsuits, but when the shoe is applied to the other foot and lawsuits are filed against them, they don’t like it so much. Hypocrites. A small group of anti-drilling parents in the Mars School District in Middlesex Township (Butler County), PA–folks we call Martians–want to prevent the legal, legitimate, and now fully permitted right of Rex Energy to drill a few Marcellus Shale wells three-fourths of a mile away from the Mars School. We’ve long chronicled this battle (see 
We previously told you about anti-fossil fuel groups in three Ohio counties–Athens, Fulton and Medina–who are being used by Big Green groups to attempt an illegal “community bill of rights” routine after the Ohio Supreme Court had already found local communities can’t ban fracking. They tried again and Ohio’s Secretary of State John Husted tossed the ballot measures (see 
Landowners in Pennsylvania have been upset with shenanigans by Chesapeake Energy in shorting them out of royalties for years. In 2013 a group of landowners in Bradford County, PA filed a lawsuit against Chesapeake over the royalty issue (see 
We have a troubling development to report about the future of drilling in West Virginia–something that has happened largely under the radar, until now. More than 200 residents in WV (likely those who don’t own the mineral rights under their land) began filing “scores” of “nuisance” lawsuits over the past couple of years against Antero Resources and Hall Drilling, in places like Doddridge County. The lawsuits claim excessive traffic, odors and noise from nearby drilling make it “impossible” for them to enjoy their homes. Each lawsuit has its own unique circumstances and should be handled separately–one size does not fit all. The troubling development is that all of these lawsuits (dozens? hundreds?) have been rolled up into one mega lawsuit that sits before the WV Mass Litigation Panel…
Pennsylvania landowners Andrew and Sally Dewing signed a 10-year lease for 493 acres of land in Bradford County, PA with Central Appalachian Petroleum in April 2001. The lease was later sold to a consortium including Abarta Oil & Gas Co., Talisman Energy USA and Range Resources. The terms of the lease require rent payments of $5 per acre per year ($2,465) for each year when their property has not be drilled on or under. After not receiving payments on time in 2010, the Dewings served the drillers notice of nonpayment. Eventually the three partners figured out who was supposed to pay and made the payment–but because the payment was late (more than 60 days late), the Dewings claimed the lease was terminated under the original terms of the lease. To make a long story short, Pennsylvania Superior Court ruled last Friday that no, the terms of the lease do not allow the Dewings to get out of the lease because the payment was late…
Ohio and 15 other states sued the federal Environmental Protection Agency (EPA) to stop implementation of Obama’s draconian coal and natural gas-killing Clean Power Plan while their larger lawsuit challenging the entire CPP winds its way through court (see