Fed Judge Tosses VA Landowner Lawsuit to Stop Pipeline Surveys
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 Dominion Commits to Major New Marcellus/Utica Pipeline Project). The project, called the Atlantic Coast Pipeline, will transport Marcellus and Utica Shale gas to the southeast. In November 2014, Dominion asked the Federal Energy Regulatory Commission (FERC) to begin an environmental review of the project (see Dominion Asks FERC to Start Environmental Review of SE Pipeline). In order to do a proper review and to finalize plans for the route, Dominion surveyors need to get on property of landowners in Virginia, some of whom blocked access–so Dominion had to sue them to gain access (see Dominion Sues VA Landowners to Allow Survey for Pipeline). Virginia landowners in Nelson and Augusta counties counter-sued to block Dominion and on Wednesday, a federal judge dismissed the landowners’ lawsuits, clearing the way for Dominion to enter their properties and complete survey work…
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An update on a royalty lawsuit we first reported in July. Two Butler County, PA landowners with a combined 245.7 acres of land leased to (and drilled by) XTO Energy have sued XTO claiming the company is breaking the lease agreement by paying royalties below 1/8 of what XTO receives in revenue for the gas (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 
The NEXUS Gas Transmission pipeline, a $1.5-$2.0 billion natural gas pipeline that will carry Utica and Marcellus Shale gas spanning 11 counties in Ohio, 3 counties in Michigan, and eventually connect to the Dawn Energy Hub in Canada, has had to take some Ohio landowners to court simply to gain access to their property survey for potential routes. Sometimes county judges rule against NEXUS (see