Enviro Groups File Lawsuit Against EPA to Force O&G Waste Regs
The legal beagles at energy law firm Babst Calland are raising the alert that another “sue and settle” lawsuit has been filed against the federal Environmental Protection Agency (EPA) by seven radical environmental groups. This is the latest attempt at forcing the EPA to comply with a lawsuit that they intentionally lose. What? Yes, they intentionally lose the lawsuit and then tell Congress that they “have to” comply with a court order “forcing” them to enact certain unlegislated rules and regulations in order to comply with a judge’s order–in effect giving them one more weapon in their arsenal to illegally regulate the oil and gas industry. Regulation of oil and gas is Constitutionally left up to the individual states. The EPA, especially under Obama, has been innovating ways to circumvent the Constitution and Congress and cease regulation authority. So-called “sue and settle” lawsuits are one of the ways they do it. Here comes another one. This time radical environmental groups (which should be sued themselves) have sued the EPA to force them to regular oil and gas drilling wastes under the federal Resource Conservation and Recovery Act (RCRA). Here’s a summary of what’s happening…
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A complicated court case just decided by Pennsylvania Superior Court has implications for all land and mineral rights owners in PA. The case is called Wright v. Misty Mountain Farm LLC. This is how we understand it. In 1950 Fred and Jeanetta Buck sold some property in Bradford County, PA to Robert and Marjorie Wright. However, the Bucks kept the oil/gas/mineral rights for themselves, having already leased the mineral rights for the property. The mineral rights lease eventually expired in 1971. At that time, Robert and Marjorie Wright, the surface owners, figured with the expiration of the lease, the mineral rights reverted to them–so they signed a lease to allow oil and gas drilling. In 1988 the Wrights signed over the property and the lease to David and Patricia Wright (we’re assuming son and daughter-in-law). David and Patricia signed new leases on the property in both 2001 and again in 2005. Eventually Jeanetta Buck died and in 2010 while reviewing her estate and its assets, Shirley Matthews, administratrix of the estate, discovered/claimed the mineral rights still belonged to the Bucks. So Matthews conveyed the subsurface mineral rights to Misty Mountain Farm LLC. Patricia Wright argued that the when the original lease made by the Bucks in 1950 expired, ownership of the mineral rights also expired–in 1971. A lower court and then the Superior Court disagreed and ruled that unless there is specific language saying that when a lease expires so too do the mineral rights, then the mineral rights still belong to the original rights owner. Whew. Get all that? Bottom line: Just because a lease expires it doesn’t mean the party who owns the mineral rights loses their claim on those rights…
A deadline is fast approaching in New York State. Next Tuesday, Oct. 27, the natural gas industry must file an “Article 78” lawsuit or lose its opportunity to do so. Last December NY Gov. Andrew Cuomo made a non-science, political decision to ban fracking in the state (see 
The radical leftist PA-based group Community Environmental Legal Defense Fund (CELDF) does its best to trick townships into passing illegal bans. In 2013 the CELDF fooled Highland Township in Elk County, PA into passing a ban on wastewater injection wells. They also tricked Grant Township in Indiana County, PA to do the same thing. Both towns are in court defending their illegal actions. One of the idiotic legal tactics used by the CELDF in both cases is to claim that an ecosystem is a “person” under the law–a person who can file to join the town’s lawsuit in an effort to protect itself (see 
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 
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 
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…