Litigation

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…
Read More “Cecil Twp Violates Court Order re MarkWest Compressor Permit”
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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Energy Services | Industrywide Issues | Litigation | Pennsylvania | Pipelines | Regulation | Statewide PA | Sunoco Logistics

West Goshen, PA Reversal: Votes to Approve Mariner East Pipeline
May 14, 2015May 14, 2015

One by one the remaining communities that were fighting Sunoco Logistics and the company’s plans to re-purpose the Mariner East pipeline to flow natural gas liquids is disappearing. Sunoco is working with communities individually to address their concerns and resolve the issue to the point that the company must be near to completing the Mariner East project. As evidence, it was only last fall that West Goshen Township (near Philadelphia) took Sunoco Logistics to court in an attempt to stop them (see West Goshen’s Legal Shenanigans Try to Block Mariner East Pipeline). Yesterday West Goshen officials voted to accept a settlement agreement with Sunoco Logistics. West Goshen didn’t get everything they wanted and Sunoco didn’t either. But the agreement is done and the pipeline, which is already in the ground in West Goshen, will receive some safety enhancements and become operational…
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Belmont County | Energy Companies | Gulfport Energy | Industrywide Issues | Litigation | Ohio

Barnesville, OH Hires Costly Columbus Lawyers in Gulfport Lawsuit
May 13, 2015May 13, 2015

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. Gulfport now wants to begin drilling in the area, following a joint venture agreement with Antero Resources. But Barnesville says the water level in the reservoir is too low and won’t sell. Gulfport sued and the whole matter has ended up in federal court (see Gulfport Energy Sues Barnesville, OH for Access to Water in Reservoir). As we later pointed out, the cost to Barnesville taxpayers because their political leaders “didn’t think” when they signed on the dotted line will now be very expensive (see Barnesville Officials “Didn’t Think” When Signing Gulfport Water Deal). Barnesville has just hired a high priced law firm from Columbus to represent them in court. How will Barnesville pay the new high priced lawyers? From money the town received from (yes) selling water from the reservoir to someone else…
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Air Quality | Energy Companies | Energy Services | Industrywide Issues | Litigation | Lycoming County | National Fuel | Pennsylvania | Regulation | Seneca Resources

PA DEP Loses its ‘Common Sense’ in Seneca Air Pollution Ruling
May 13, 2015May 13, 2015

Every now and again the legal definition of “adjacent” and “contiguous” pops up in lawsuits in Pennsylvania related to natural gas drilling. Two years ago we highlighted the issue (see Should PA Compressor Plants Miles Away be Considered “Adjacent”?). The argument revolves around lumping together several potential air pollution sources, like compressor plants and even well pads and pipelines–into one, common, larger source of air pollution for the purposes of regulation. Smaller sources are regulated by the PA Dept. of Environmental Protection (DEP) and larger sources, over a certain threshold, by the federal Environmental Protection Agency (EPA), with much stricter and more expensive standards. The PA DEP, for whatever reason, has gone after Seneca Resources and its parent company National Fuel Gas Co. for their operations in Lycoming County, PA. Even though Seneca’s well pads, pipelines and compressor stations are miles apart, because they are all owned by one corporate entity, the DEP wants them all lumped together into one source for pollution regulation. Although the combined single source would not trigger EPA regulation, Seneca/National Fuel Gas is suing the DEP to push back, on principle. The case will get a hearing in court this week…
Read More “PA DEP Loses its ‘Common Sense’ in Seneca Air Pollution Ruling”
CNG/LNG | Dominion Energy | Energy Services | Exporting | Industrywide Issues | Litigation | Maryland | Regulation | Statewide MD

DOE Grants Cove Point LNG Final Approval, Earthjustice Sues
May 8, 2015May 8, 2015

We have two big pieces of news to share with you today about the Cove Point, Maryland LNG export facility being built by Dominion. The first is that yesterday, after a years-long process, the Obama Dept. of Energy finally gave Dominion their final stamp of approval to build the facility. Last month we pointed out this last piece of the puzzle still had not fallen into place (see Cove Point LNG Plant STILL Waiting for Final DOE Approval?!). It now has. There is nothing else in the way to stop the project. Except, possibly, a lawsuit–which is the second big piece of news. On Wednesday we told you that the Federal Energy Regulatory Commission had finally, this week, responded to a request for a re-hearing on the facility demanded by anti-drilling groups. FERC declined (see FERC Says “No” to Anti’s Request for Cove Point LNG Re-hearing). As we explained on Wednesday, the groups needed an official response from FERC on a re-hearing before they could launch yet another frivolous lawsuit. As we predicted on Wednesday, they’ve now filed a frivolous lawsuit in another last-gasp attempt to stop the Cove Point export facility from becoming reality…
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Chesapeake Energy | Energy Companies | Industrywide Issues | Lease & Royalty Payments | Litigation | Marshall County | Ohio County | West Virginia

Wheeling Non-Profits Sue Chesapeake for Taking O&G with No Lease
May 8, 2015May 8, 2015

A group of non-profit organizations in the Wheeling, WV area is suing Chesapeake Energy claiming the company illegally stole oil and natural gas from underneath their property without a valid lease. The Parks System Trust Fund of Wheeling, Ohio Valley Medical Center, Elmhurst House of Friendship, Vance Memorial Presbyterian Church, the Children’s Home of Wheeling and the YWCA are all joint owners of 224 acres bequeathed to them in 1957. The groups say Chesapeake illegally pooled their acreage with others in a local drilling unit and proceeded to extract oil and gas without paying them…
Read More “Wheeling Non-Profits Sue Chesapeake for Taking O&G with No Lease”
Anti-Drilling/Fossil Fuel | Coterra Energy (Cabot O&G) | Energy Companies | Industrywide Issues | Litigation | Pennsylvania | Susquehanna County

PA Fracktivist Permanently Banned from Cabot Property
May 7, 2015May 7, 2015

A little-known (outside of northeast Pennsylvania) anti-driller, Vera Scroggins, has been permanently banned from trespassing on Cabot Oil & Gas well sites according to a recent court order. Vera had previously agreed to the restrictions that don’t allow her to get near Cabot’s many sites in Susquehanna County, PA. Then she got the trespassing itch again and re-offended, according to court records, in January 2015 (see PA Anti-Driller Fined $1K for Trespassing on Cabot O&G Site, Jail?). Until now it had been a temporary injunction. Now it’s a permanent injunction, something Vera says she’s going to continue fighting…
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Anti-Drilling/Fossil Fuel | CNG/LNG | Dominion Energy | Energy Services | Exporting | Industrywide Issues | Litigation | Maryland | Regulation | Statewide MD

FERC Says “No” to Anti’s Request for Cove Point LNG Re-hearing
May 6, 2015May 6, 2015

In December MDN told you about the latest strategy from the anti-fossil fuel nutters at Allegheny Defense Project and Wild Virginia–an attempt to get another hearing on Dominion’s Cove Point LNG export facility (see Anti Groups Ask FERC to Stop Construction on Cove Point LNG Plant). Before the two can file yet another frivolous lawsuit with the aim of tying up progress on the plant in legal knots, they must first apply for a “rehearing.” They did so and requested the Federal Energy Regulatory Commission (FERC) have Dominion stop work on the plant in the meantime. FERC said “no” to stopping construction, and “we’ll get back to you in our own good time” on the rehearing. Five plus months later (yesterday) FERC responded, and as we predicted, they handed Allegheny Defense Project and Wild Virginia a big, fat “no” to the rehearing request. You can bet the frivolous lawsuit will get filed within the next few days…
Read More “FERC Says “No” to Anti’s Request for Cove Point LNG Re-hearing”
Beck Energy | Energy Companies | Industrywide Issues | Litigation | Ohio | Regulation | Summit County

Munroe Falls, OH Repeals “Home Rule” O&G Regulations
April 28, 2015April 28, 2015

In March 2011 Beck Energy drove a bulldozer onto private property in Munroe Falls (Summit County), OH with the intent of building a road to a drill pad where Beck had proper permits and permission from the Ohio Dept. of Natural Resources (ODNR) to drill a well. Munroe Falls slapped Beck with a stop work order and said, in essence, “Uh uh uh, you need to jump through our municipal ‘Mother May I?’ hoops and get our permission for everything you do before you can proceed.” Beck pushed back and sued Munroe Falls and the case was appealed, eventually, all the way to the Ohio Supreme Court. In February of this year, the Ohio Supremes ruled that Munroe Falls cannot impose so-called “home rule” laws over top of the ODNR’s rules with respect to oil and gas drilling (see OH Supreme Court Strikes Down Home Rule in Gas Drilling Case). Last week Munroe Falls finally repealed their onerous oil and gas regulations, a fitting end to this years-long story…
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Anti-Drilling/Fossil Fuel | Dauphin County | Industrywide Issues | Litigation | Pennsylvania

Charges Against 2 PA Anti-Drillers Dismissed on Technicality
April 28, 2015April 28, 2015

Yesterday MDN told you about two Pennsylvania anti-drilling protesters who, among six others, were arrested in January for disorderly conduct at the inauguration ceremony of Democrat Gov. Tom Wolf. The two appealed their conviction (see Anti Protesters Who Disrupted Wolf Inauguration Appeal Conviction). There was a hearing yesterday in Dauphin County Court and, unfortunately, the Dauphin County District Attorney’s office failed to produce witnesses to finger the two as lawbreakers. So the judge (whom we presume is anti-drilling) used that as an excuse to dismiss the charges against the pair of hippies, er, ah, protesters…
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Chesapeake Energy | Energy Companies | Industrywide Issues | Litigation | Michigan | Statewide MI

Michigan Succeeds in Shaking Down Chesapeake for Measly $25M
April 28, 2015April 28, 2015

The shakedown is complete. In June 2012 Reuters tried to stir up trouble against Chesapeake Energy by broadcasting “leaked” (Watergate anyone?) emails that somehow magically appeared on the Reuters doorstep that supposedly show Chesapeake trying to collude with Encana Energy to keep the price of Michigan state land oil and gas leases artificially low (see Did Reuters Break the Law with Latest Chesapeake Story?). Eventually Michigan Attorney General Bill Schuette filed charges against Chesapeake, even though the federal government investigated and didn’t find anything worth pursuing. Schuette put his reputation on the line and was hell-bent to ensure he got something/anything out of Chesapeake. Schuette finally has a settlement–for a measly $25 million. It likely cost his department more than that to pursue Chesapeake. But, Schuette’s shakedown for $25M lets him save face, and it lets Chesapeake move on from this sham charge in Michigan…
Read More “Michigan Succeeds in Shaking Down Chesapeake for Measly $25M”
Anti-Drilling/Fossil Fuel | Coterra Energy (Cabot O&G) | Energy Companies | Industrywide Issues | Litigation | Pennsylvania | Susquehanna County

PA Anti-Driller Fined $1K for Trespassing on Cabot O&G Site, Jail?
April 24, 2015April 24, 2015

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…
Read More “PA Anti-Driller Fined $1K for Trespassing on Cabot O&G Site, Jail?”
Belmont County | Energy Companies | Guest Post | Gulfport Energy | Industrywide Issues | Litigation | Ohio

Opposing Viewpoint on Gulfport Water Lawsuit Against Barnesville
April 21, 2015April 21, 2015

MDN reader Eric Fenster, who lives in the Piedmont Lake area of Ohio, wrote to take issue with MDN’s “take” on the lawsuit brought by Gulfport Energy against Barnesville for breach of contract in selling them water for use in drilling and fracking (see Barnesville Officials “Didn’t Think” When Signing Gulfport Water Deal). Mr. Fenster believes MDN has it mostly wrong and that the Gulfport lawsuit is frivolous and should be dismissed. He outlines his thinking in the following guest post…
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Energy Companies | Industrywide Issues | Litigation | Pennsylvania | Range Resources Corp | Washington County | Wastewater

Range Loses 2nd Appeal, Must Provide PA Well Site Chemical List
April 20, 2015February 8, 2019

Three families who live near a former drill site and frack wastewater impoundment at the Yeager Marcellus Shale site in Washington County, PA sued Range Resources in May 2012 claiming the air they breathe and the water they drink had been contaminated by Range’s operation at the site (see EPA Investigating Range Drill Site in Western PA). Litigation ensued, and years passed. In 2013, a Washington County court ordered Range (not its contractors, but Range itself) to disclose a list of all chemicals used at the site–right down to the type of motor oil used in vehicles coming and going at the site (see PA Judge Forces Range, Contractors to Provide Chemical List). It will be an almost impossible task to construct such a list at this point, especially in light of the fact they’re in the process of closing the site. So Range appealed. Last June they lost that appeal (see Court Says Range Resources Must Disclose Chemicals in SW PA). Range appealed again, and last week they lost that second appeal…
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