Litigation

Energy Services | Industrywide Issues | Litigation | Pennsylvania | Pipelines | Sunoco Logistics | Washington County

Mariner East Invokes Eminent Domain Against 2 SWPA Landowners
June 9, 2015June 9, 2015

Another “nobody wins” eminent domain lawsuit has been filed by a pipeline company. This time it’s Sunoco Logistics filing for their Mariner East pipeline against two different families/landowners in Washington County, PA. The landowners don’t want the pipeline but Sunoco insists it’s necessary to have those specific properties. The problem is, will an eminent domain claim hold up in court? Last July, two independent administrative law judges working for the PA Public Utility Commission (PUC) ruled that Mariner East is not, according to the definition, a “public utility” (see Setback for Mariner East NGL Pipe – Judges Say Not Public Utility). But then in October, the full board of Commissioners for the PUC voted to send the case back to those judges with instructions to “reconsider” their decision (see Major Milestone: PA PUC Rules Mariner East IS a Public Utility). Sunoco has a lot riding on whether or not their claim to be a public utility will hold up in court. If Mariner East is not a public utility, they have no claim to eminent domain powers…
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Anti-Drilling/Fossil Fuel | Butler County | Industrywide Issues | Litigation | Pennsylvania

Shoe Now on Other Foot: Landowners Sue Martian Anti-Drillers
June 8, 2015June 8, 2015

It’s about time. Twelve (12) leaseholders and a real estate developer in Middlesex and Adams Townships, in Butler County, PA (near the Mars School District) have filed a lawsuit against local anti-drillers as well as against THE Delaware Riverkeeper and the Philadelphia-based Clean Air Council, suing them for damages because their ongoing frivolous lawsuits have keep the leaseholders from realizing profits from their leased land. And get this, the Martians and Big Green groups being sued are upset, saying their free speech rights are being infringed. Talk about nuts! It’s OK for anti-drillers to launch lawsuit after lawsuit, but as soon as someone pushes back and files a lawsuit against them, they start squealing like little piglets…
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Industrywide Issues | Litigation | Research

Babst Calland Releases Report on Legal Challenges in Marcellus/Utica
June 5, 2015June 5, 2015

Ace energy law firm Babst Calland announced yesterday they have released their fifth annual energy industry report. Called “The 2015 Babst Calland Report – Appalachian Basin Oil and Gas Industry: Rising to the Challenge; Legal and Regulatory Perspective for Producers and Midstream Operators,” the annual review of energy and natural resources development activity acknowledges the continuing evolution of the drilling industry in the face of economic, regulatory, legal and local government challenges. Here’s an overview of the report…
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Columbiana County | Industrywide Issues | Litigation | MDN Sponsor | Ohio | Pipelines

NEXUS Pipeline Sues Columbiana County Landowners for Survey Access
June 4, 2015June 4, 2015

The NEXUS Gas Transmission pipeline, you may recall, is a $1.5 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 (see NEXUS Gas Pipeline Pre-Files with FERC, New Details Come to Light). A number of landowners in Ohio have been less than cooperative when it comes to surveying their property. One old codger in Medina County, OH threatened he would meet anyone trying to survey his property with a gun (see Medina, OH Landowner Says He’ll Meet NEXUS Surveyors Packing Heat). Two couples in Columbiana County aren’t threatening guns, but they have denied access to NEXUS, repeatedly, and NEXUS has had enough. NEXUS sued the two couples in Columbiana County Common Pleas Court to force them to allow their surveyors on their property…
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Anti-Drilling/Fossil Fuel | Industrywide Issues | Litigation

Anti-Drilling Groups File to Defend BLM’s New Federal Lands Frack Rule
June 4, 2015June 4, 2015

The “sue and settle” gang is back. A group of six virulently anti-drilling, fossil fuel-hating organizations, calling them (don’t laugh) “conservation groups” (nothing of the sort) have filed to intervene in two lawsuits brought by the individual states and the oil and gas industry against the federal government over the new fracking rules released by the federal Bureau of Land Management (see BLM Introduces “Final” Fracking Rules for Fed Lands – 3 Yrs Late). Here’s how it works with sue and settle: the federal government gets Big Green groups (with lots of money) to bring lawsuits against a department, like the EPA or BLM. The government agency then promulgates new restrictive and jobs-crushing rules that have the force of law because “the lawsuit and judge made us do it.” And unless those “rules” are challenged in court to get them repealed, we end up with laws created by government agencies and judges instead of the legislature, the way the Founders intended. So when the good guys sue to overturn these overreaching “rules”, the sue and settle gang with lots of Big Green money comes back to try and stop it. The groups are once again being led (by the nose) by Earthjustice and include the Sierra Clubbers, Earthworks, The Wilderness Society, Conservation Colorado Education Fund, Southern Utah Wilderness Alliance and Western Resource Advocates. None of them are truly concerned with “conservation,” contrary to what they say. They are all left-leaning political groups…
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Anti-Drilling/Fossil Fuel | CNG/LNG | Dominion Energy | Energy Services | Exporting | Industrywide Issues | Litigation | Maryland | Processing Plants | Statewide MD

Earthjustice Asks Court to Stop Construction at Cove Point LNG
June 3, 2015June 2, 2015

Three weeks ago MDN told you about the frivolous lawsuit filed by Earth[in]justice attempting to stop the Cove Point, Maryland LNG export plant from being built (see DOE Grants Cove Point LNG Final Approval, Earthjustice Sues). Earth[in]justice sued on behalf of themselves (they are a small group of Washington, DC lawyers backed by Big Green money), and on behalf of Chesapeake Climate Action Network, Patuxent Riverkeeper, and the Sierra Clubbers. Meanwhile, Dominion, the owner of the project, has pushed forward with construction at the site. Dominion is about to begin construction on the foundation of the new facility sometime in June, so Earth[in]justice has just filed another lawsuit–a request for a cease and desist order to stop Dominion from constructing the foundation until after their frivolous lawsuit has a chance to get in front of a sympathetic judge…
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Accidents | Chevron | Energy Companies | Greene County (PA) | Industrywide Issues | Litigation | Pennsylvania

Chevron Settles PA Marcellus Wrongful Death Lawsuit for $5M
May 29, 2015May 29, 2015

In February 2014 there was an explosion and fire at a Chevron well pad that eventually spread from one Marcellus well to a second well on the same well pad in Greene County, PA (see Explosion & Fire at Chevron Well in SWPA – 1 Person Missing). Ian McKee, 27, a Cameron International contractor working at the site was tragically killed in the blast (see Remains of Chevron Contractor Found at Greene County Well Site). The final report of the PA Dept. of Environmental Protection (DEP) investigating the accident concluded there was plenty of blame for Chevron, primarily from using overworked and inexperienced well site managers (see DEP Issues Final Report – What Caused Chevron Well Fire?). Ian’s girlfriend/partner was pregnant at the time of his death. Ian’s parents sued Chevron for wrongful death (see Parents of Worker Killed in Chevron Greene Co Fire Sue). That lawsuit has just been settled for $5 million, broken down as follows…
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Butler County | Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Regulation | Rex Energy

Rex Energy to Restart Drilling Near Mars School Following Vote
May 29, 2015May 29, 2015

Let the drilling begin! The three members of the Middlesex Zoning Hearing Board (Butler County, PA, where the Mars School District is located) voted unanimously on Wednesday to reject challenges by anti-drillers to changes in zoning laws that allow Rex Energy to drill a series of wells on a pad about 3/4 of a mile from the Mars School. Four Martian parents have worked themselves up into a frenzy, convincing themselves that faraway drilling will harm their precious, innocent lil’ chil’ren. The Martians have enlisted the help of anti-drilling groups from the opposite side of the state–the Philadelphia area–tapping into their deep pockets to fund endless lawsuits and appeals that are costing Middlesex taxpayers big bucks to defend (see Dela. RiverKeeper, Clean Air Council Cost Middlesex Residents $35K+). (By the way, when is the IRS going to investigate THE Delaware Riverkeeper for clear violations of their 501(c)(3) tax exempt status? Riverkeeper continues to operate, politically, far outside of the Delaware River Basin. Their tax exempt status should be revoked.) The zoning board vote was good news for Rex who says they won’t waste any time in returning to the drill site to begin work. By the time the Martians are done suing, the wells will already be drilled…
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Energy Companies | Industrywide Issues | Litigation | Pennsylvania | Range Resources Corp | Regulation | Washington County

Range Capitulates, Closing 4 Freshwater Ponds in Mt. Pleasant, PA
May 29, 2015May 29, 2015

More than two years of acrimony and lawsuits are now over for Range Resources in Mt. Pleasant (Washington County), PA. Mt. Pleasant is one of the original seven selfish towns that sued PA to overturn portions of the Act 13 oil and gas law. The town was giving Range a hard time over four freshwater ponds (called “impoundments,” not to be confused with wastewater impoundments) the company was using to drill wells in nearby non-Mt. Pleasant locations. The town served the company with notices of violation in July 2013 and then held a public hearing in August 2013 where things got heated between the town and Range (see Range Resources Argues with Mt Pleasant over Water Impoundment). Mt. Pleasant kept after them (see Mt. Pleasant Zoning Bd Says Range Water Impoundments in Violation), and after them (see Mt Pleasant Twp Shenanigans re Range Request for Water Ponds), and after them (see Mt. Pleasant, PA Continues to Ride Range Over Water Ponds). Sooner or later a company can take a hint that a township is anti-business. Range is throwing in the towel, closing down all four freshwater ponds, and leaving town…
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Crime | Industrywide Issues | Litigation | Mahoning County | Ohio | Regulation

Hardrock Pleads Guilty to Illegal Wastewater Dumping, Fined $100K
May 29, 2015May 29, 2015

A final footnote to tell you about concerning the notorious case of illegal frack wastewater dumping near Youngstown, OH that happened in 2012 and 2013. Ben Lupo, previous owner of D&L Energy and its associated company Hardrock Excavating, directed employees to dump frack wastwater hauled by Hardrock into a drain that emptied into a stream that emptied into the Mahoning River near Youngstown, OH (see Youngstown Business Dumped >200K Gal of Untreated Wastewater). It was later discovered that from September 2012 to end of January 2013, Lupo was responsible for dumping at least 30 loads of frack wastewater literally down the drain and into the river. After an investigation and charges, last August Lupo plead guilty and was sentenced to 23 months in prison and a $25,000 fine (see Final Chapter for Youngstown Illegal Wastewater Dumper: Prison & Fine). The final final chapter has now been written. Lupo’s company, Hardrock Excavating, pleaded guilty on Thursday and was fined $100,000. In an interesting twist, the judge ordered $25,000 of that total to be paid to two environmental organizations…
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Anti-Drilling/Fossil Fuel | Cuyahoga County | Hydraulic Fracturing | Industrywide Issues | Litigation | Ohio | Regulation

Broadview Hghts, OH Won’t Appeal Overturned Home Rule Law
May 27, 2015May 27, 2015

In March MDN told you about the crushing defeat of a home rule law in Broadview Heights, a Cleveland, OH suburb (see OH Antis Handed Crushing Defeat in Broadview Hghts Home Rule Case). A Cuyahoga County Common Pleas Court judge struck down Broadview Heights’ so-called community bill of rights that bans all oil and gas drilling–including shale drilling. The judge rightly ruled that only the state–and not localities–have the right to regulate oil and gas drilling. That caused the anarchists at the Ohio Community Right to Know Network (OHCRN) to call for an uprising. They “refuse” to recognize the court’s decision (i.e. they’re lawless). Fortunately for the citizens of Broadview Heights, city leaders do still recognize the rule of law. Last week the city announced it will not appeal the decision, because it has no basis on which to appeal it. But that doesn’t stop the nutters from an OHCRN associate group, calling itself Mothers Against Drilling In Our Neighborhoods, from filing yet another frivolous lawsuit, which they’ve done…
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Boardwalk Pipeline Partners | Energy Services | Industrywide Issues | Kentucky | Kinder Morgan | Litigation | Pipelines | Tennessee Gas Pipeline | Williams

KY Court Decision Goes Against Pipelines re Eminent Domain
May 26, 2015May 26, 2015

In December of 2013, a group of people opposed to the Bluegrass natural gas liquids (NGL) pipeline in Kentucky called KURE (Kentuckians United to Restrain Eminent Domain) sued the Bluegrass, a joint venture of Williams and Boardwalk Pipeline Partners, to prevent them from using eminent domain (see Bluegrass NGL Pipeline’s Eminent Domain Challenged in KY Court). The argument was that the NGLs flowing through the pipeline just pass through Kentucky and don’t benefit local Kentuckians, therefore the pipeline has no right to use the state’s eminent domain law to force landowners to accept the pipeline. That is, it’s not a permitted utility under the definition of the law. In March 2014, a circuit court judge agreed with KURE and told Bluegrass they could not use eminent domain (see Judge Rules Bluegrass Pipeline Cannot Use Eminent Domain in KY). That takes a pretty big stick away from the Bluegrass in their fight to lay the pipeline. Not long after the judge’s decision Williams gave up on the project, although Boardwalk didn’t (see Williams Stops Work on Bluegrass Pipeline, Boardwalk Says “It’s Not Dead”). The circuit court judge’s decision was appealed, and last week the Kentucky Court of Appeals upheld the previous no-eminent domain decision. This new decision has implications for the Bluegrass to be sure, but it has even more implications for an active project now under way by Kinder Morgan…
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Hydraulic Fracturing | Industrywide Issues | Litigation | North Carolina | Regulation

Judge Puts NC Fracking on Hold Pending Outcome of Lawsuit
May 21, 2015May 21, 2015

Last July MDN told you that the first permits to frack shale wells in North Carolina would start to be issued this July (see North Carolina Shames New York: Fracking Begins in 2015). The NC Mining and Energy Commission did its part and completed regulations in March (see Triassic Park: North Carolina Becomes 34th State to Frack Shale). Everything was set to go. And then the lawsuits began. A NC judge has issued a ruling that prohibits the Mining and Energy Commission from issuing any permits until another case currently before the NC Supreme Court–questioning the legality of the appointment of several boards that manage state resources and the environment–plays out. It’s a pretty safe bet that the first permits to frack in NC won’t happen in July…
Read More “Judge Puts NC Fracking on Hold Pending Outcome of Lawsuit”
Anti-Drilling/Fossil Fuel | Butler County | Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Regulation | Rex Energy

Martian Arrogance: Town MUST “Protect Us” from Drilling via Zoning
May 19, 2015May 19, 2015

Those trouble-making Martians are at it again. Four virulently anti-fossil fuel parents from the Mars School District in Middlesex Township (Butler County), PA are being assisted–we maintain illegally–with support from THE Delaware Riverkeeper (violating its own charter of operating on the other side of the state in the Delaware River Basin) and by the Philadelphia group Clean Air Council. Riverkeeper’s interference in Butler County invalidates their tax-exempt status. Get this, using money from Riverkeeper and the Clean Air Council, the four Middlesex residents are trying to FORCE locally elected leaders in Middlesex to “protect them” from an activity that’s harmless–drilling a shale well 3/4 of a mile away from the local Mars School. It’s the same type of “sue and settle” being used at the national level, being tried locally. Seven selfish PA townships sued the state (and won) to retain the right to zone where drilling can and can’t take place. Now the Martians want to (ab)use the same Act 13 law to force the town to enact zoning that this small group of residents wants regardless of what a majority of town residents want. In other words, there is only one outcome (for them) allowed under Act 13: no drilling. It is an amazingly arrogant position and needs to be vigorously opposed legally, morally, via popular opinion–in any way possible…
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Anti-Drilling/Fossil Fuel | Energy Services | Industrywide Issues | Litigation | MarkWest Energy | Pennsylvania | Pipelines | Regulation | Washington County

Cecil Twp Violates Court Order re MarkWest Compressor Permit
May 19, 2015May 19, 2015

MDN first started tracking the issue of MarkWest Energy’s desire/application to build a compressor station in Cecil Township (Washington County), PA all the way back in May 2011–four years ago (see MarkWest, Range Resources File Legal Appeal Over Denial of Permit for Gas Compressor Station in Cecil, PA). The case goes back even further to the fall of 2010 when MarkWest first filed for the permit. Since that time, Cecil has steadfastly denied MarkWest a permit to build the compressor. It took nearly four years of lawsuits (see our many stories here), but last fall a judge ruled that Cecil could not disallow the MarkWest compressor in an area zoned industrial (see MarkWest Wins Court Case to Build Compressor Station in Cecil, PA). The Cecil Town Board decided not to appeal the decision, but the zoning board has kept it bottled up since last October. The town has now exhausted all legal options and the court, in April, told the town they have 45 days to grant the permit. The clock is ticking and yet the zoning board is still dragging its feet and intends to violate the 45-day court order…
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Anti-Drilling/Fossil Fuel | Industrywide Issues | Litigation | Regulation

Environmentalists & Government Collude in “Sue and Settle” Cases
May 15, 2015May 15, 2015

There is a practice called “sue and settle” being used by our federal government–financed by us, by taxpayers–that will make your blood boil. It’s not new. It’s been going on for years and is now refined into an art form. MDN first heard about this practice at the Oil & Gas Awards in Oklahoma City last fall when Oklahoma’s excellent Attorney General Scott Pruitt gave the assembled crowd a rundown of how the Environmental Protection Agency (EPA) and the U.S. Fish and Wildlife Service (USFWS) is attempting to screw the oil and gas industry by using this tactic. Here’s how it works: a far-left radical environmental group like Earthjustice sues a government agency, like the EPA or USFWS to force the agency enact a new rule or regulation supposedly to comply with an existing law. The government agency actually WANTS the lawsuit (colluding with the extremist group to invite it), so they can get a court order “forcing” them to take a certain action. Earthjustice and the government agency, behind closed doors, work out what the action will be. At the conclusion of the lawsuit, the court awards the “winning” party compensation from the “losing” party to cover legal fees. Using that strategy, from 1995 to 2010, Earthjustice received $4,655,425 of taxpayer money. Question: Why hasn’t Earthjustice been exposed as frauds and shut down?…
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