PA Anti-Driller Fined $1K for Trespassing on Cabot O&G Site, Jail?
A little-known (outside of northeast Pennsylvania) anti-driller, Vera Scroggins, was fined $1,000 yesterday in Susquehanna County court. Vera’s biggest claim to fame is her potty mouth treatment of FrackNation filmmaker Phelim McAleer (watch it here). She is a repeat trespasser on Cabot Oil & Gas drilling sites and has been warned, repeatedly, to stay off their land–for her own safety and the safety of others. Scroggins runs so-called tours where she shows New York City celebrities and other urbanites (who don’t know the difference between a cow’s udder and a roof gutter) the gas fields of Susquehanna County, claiming drilling operations somehow harm local residents. The judge has had enough. He said at the hearing that Vera has 45 days to pay the fine for her latest violation and if she doesn’t, she’s going to jail. Vera maintains her latest violation wasn’t a violation–that the court is relying on the testimony of someone who lied under oath about seeing her trespass…
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This is a strange and complicated tale that boils down to this: Aubrey McClendon has a singular talent for finding and taking money from people who later turn around and stick a knife in his back. You may remember in February the story we brought you that Chesapeake Energy had sued its former co-founder, Aubrey McClendon, claiming he stole data on his way out the door (see
Three weeks ago anti-drillers in the Cleveland suburb of Broadview Heights were handed a crushing defeat in which a County Common Pleas Court judge struck down a so-called community “bill of rights”–the only “right” of which was to deny legitimate oil and gas drillers the ability to conduct business. We pointed out what sore losers anti-drillers are (see
A court case decided earlier this week by New York’s Court of Appeals (NY’s highest court), will, in our opinion, have a profoundly negative effect on oil and gas development in the state, forever. Or until another court case overturns it (which seems very unlikely). The case, as its core, is about the question of whether or not state action or inaction constitutes an extraordinary action, in essence an Act of God outside of the control of parties who sign a contract. Years ago landowners signed leases to allow oil and gas drilling, often for a few bucks and acre, long before Marcellus and fracking were common, household words. Then came delay after delay in New York–from the governor–and eventually a more or less semi-permanent ban on fracking. Energy companies argued that the leases they had signed could be extended until the day they are allowed to drill in the Marcellus because of “force majeure”–the concept that due to circumstances beyond our control we could not drill as we intended during the original term of the lease, usually five years. The NY Court of Appeals on Tuesday decided that the state preventing drilling does not qualify as force majeure after the original five-year period of a lease (full copy of the decision below). If the original lease was extended for some reason and then the driller was prevented from drilling during the extended time due to state laws preventing it, it’s not force majeure in the eyes of the “wise” justices in Albany…