SWPA Landowners Allege Range Withheld Info in Water Well Case
MDN has been highlighting stories and writing about potential water well contamination by Range Resources at their Yeager well and wastewater impoundment site in Amwell Township (Washington County), PA since 2012 (see MDN’s list of Range/Yeager stories here). Residents living nearby have claimed their wells were contaminated, and their health affected. Range finally closed the wastewater impoundment at the site last year (see Range Resources to Begin Closing Yeager Impoundment on Monday). A judge ordered Range to produce a list of all chemicals used at the site since it was first drilled. One of the things Range didn’t disclose, according to the residents living nearby, was that the company used “tracer” chemicals when they originally drilled the well in 2009. Tracers are used to track the presence of fracking fluids. The PA Dept. of Environmental Protection (DEP) eventually ruled the water wells near the Yeager site were not contaminated by Range’s activities. The landowners are now appealing that decision based on this “new” evidence that Range used tracers, but never disclosed the use of tracers that investigators could have used in looking for evidence of contamination. The neighbors are alleging that Range engaged in a cover-up to keep what might have been damning evidence from the plaintiffs…
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If landowners along the route of the PennEast Pipeline don’t sign a lease with the company, PennEast says they will be forced to (and will) use eminent domain to gain lease rights. The PennEast, as a reminder, is a proposed pipeline costing $1 billion that will run from Luzerne County, PA (near Wilkes-Barre) all the way to Mercer County, NJ (just outside of Trenton), flowing 1 billion cubic feet of clean-burning Marcellus Shale gas each and every day. Landowners along the pipeline’s route will still own the land, but there will be restrictions–you can’t erect a building over top of a pipeline, for example. PennEast looks at eminent domain as an absolute last resort. However, according to the radicals at the PA Sierra Club who are opposing the pipeline, around two-thirds of the landowners along the pipeline’s route have not yet signed a lease to allow the pipeline across their land. PennEast recently filed their official application with the Federal Energy Regulatory Commission (see 
The Pennsylvania Dept. of Environmental Protection (DEP) seems to have a grudge against EQT. Last October the DEP levied a $4.5 million fine against EQT over a leaky wastewater impoundment in Tioga County, PA (see 
In 2012, Barnesville (Belmont County), OH signed a contract with Gulfport Energy to sell Gulfport water from the Slope Creek Reservoir for 1 penny per gallon. Earlier this year Gulfport wanted to begin drilling in the area, following a joint venture agreement with Antero Resources. But Barnesville said the water level in the reservoir is too low and wouldn’t sell any to Gulfport, so Gulfport sued and in March the whole matter ended up in federal court (see 
Last month MDN told you that a county judge in Butler County, PA dismissed a lawsuit brought by a business and group of Middlesex Township landowners against two Big Green groups and four anti-fossil fuel parents from the Mars School District–whom we refer to as the Martians (see 
In April 2013 MDN reported on the tragic death of 56-year-old Bruce Phipps from Marietta, OH who was working at a Eureka Hunter “pig” (Pipeline Inspection Gauge) receiving station near near Wick (Tyler County), WV (see 
Thank God for the U.S. Court of Appeals for the Sixth Circuit! Last Friday the Sixth Circuit issued a stay on the odious and overreaching Environmental Protection Agency (EPA)/Army Corps of Engineers’ (ECA) so-called update that redefines Waters of the United States (WOTUS) to include just about everything, including mud puddles (see 
On Tuesday a Medina County, OH judge ruled that the NEXUS pipeline does have a right to enter private land to survey it for possible routes for the pipeline. The judge said Ohio laws allow private companies to survey land for eventual appropriation (including eminent domain) as long as the company can prove it is an energy or utility company. The judge said the law is quite clear on that point–plain and simple to understand. The judge’s decision didn’t sit too well with the CORNballs of CORN (Coalition to Reroute Nexus pipeline). We’ve written plenty about CORN and their effort to “reroute” the NEXUS (
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…
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