Litigation

Chesapeake Energy | Energy Companies | Industrywide Issues | Litigation | Pennsylvania | Statewide PA

Judge Rules Royalty Lawsuit Against Chesapeake in PA Continues
April 2, 2015April 2, 2015

Last June MDN told you about a class action lawsuit filed by the Suessenbach Family Limited Partnership. Using a Wilkes-Barre, PA law firm, Suessenbach launched a “sprawling class action” lawsuit against Chesapeake Energy and Access Midstream accusing the two companies of a $5 billion scheme to defraud landowners out of royalties rightfully due to them (see 2nd PA Class Action Lawsuit Against Chesapeake re Royalty Fraud). MDN previously covered how the Chesapeake/Access scheme worked (see Chesapeake Shafting Landowners out of Royalties Mess Gets Messier). In December, another class action lawsuit was settled (see Chesapeake’s PA Royalty Settlement Affects Some, Not All Landowners). However, Suessenbach soldiered on with their lawsuit. Chesapeake tried to have the Suessenbach lawsuit tossed, but a federal judge earlier this week denied that motion and has ruled there’s enough of a case for Suessenbach to continue…
Read More “Judge Rules Royalty Lawsuit Against Chesapeake in PA Continues”
Anti-Drilling/Fossil Fuel | Cuyahoga County | Industrywide Issues | Lancaster County | Litigation | Ohio | Pennsylvania | Regulation | Statewide OH | Statewide PA

CELDF Costing Towns Big $ With Losing Pipeline/Drilling Bans
March 30, 2015March 30, 2015

Communities that attempt to block pipelines (and drilling) with illegal so-called community rights ordinances that seek to block those activities are losing in court and, in at least some of the cases, taxpayers in those communities end up paying the legal fees for the pro-drilling side. That’s the good news we find in an article by a PBS “reporter” (we’d call her an anti-drilling propagandist) writing on the StateImpact Pennsylvania website. To the small group of fossil fuel-hating nutters in Conestoga Township (Lancaster County), PA, you may want to consider the considerable cost of launching yet another campaign funded by outsiders Community Environmental Legal Defense Fund (CELDF), the shadowy group behind much of this mischief. Be sure to ask the CELDF if they’re willing to pay tens of thousands of dollars in legal fees if you lose (as you surely will) a legal challenge to a pipeline ban in the township. Make them put their money where their huge mouth is…
Read More “CELDF Costing Towns Big $ With Losing Pipeline/Drilling Bans”
Anti-Drilling/Fossil Fuel | Energy Services | Industrywide Issues | Litigation | Luzerne County | Pennsylvania | Pipelines | Transco | Williams

Dela. Riverkeeper Loses Bid to Stop Transco Expansion in PA
March 23, 2015March 23, 2015

Question for THE Delaware Riverkeeper: What address should Williams send you the $1,125,000 bill because you blocked their tree cutting for a FERC-approved pipeline extension in Luzerne County? That’s how much it ended up costing Williams after THE Delaware Riverkeeper found a judge in Washington, DC who stopped Williams from clearing trees along the path of the pipeline expansion starting March 11 (see Dela. Riverkeeper Halts Transco Pipeline Upgrade with Lawsuit). Riverkeeper was hoping they could run the clock out because Williams can’t cut those trees from April through October, just in case an endangered Indiana bat decides to roost in a tree. Riverkeeper knows that and wanted to screw with the tree cutting schedule, hoping to buy an additional seven months to mount more legal challenges. The Riverkeeper legal shenanigan cost Williams real money (see Dela. Riverkeeper Leidy Lawsuit Costing Williams $125K per Day). It ended up being 9 days total, until a judge ruled last Thursday that Williams could resume their tree cutting (as we knew they would). Nine days at $125K per day is $1,125,000. Since Riverkeeper lost their case, we think they should pay the bill…
Read More “Dela. Riverkeeper Loses Bid to Stop Transco Expansion in PA”
Energy Services | Industrywide Issues | Litigation | Pennsylvania | Pipelines | Susquehanna County | Williams

Judge Rules 7 NEPA Landowners Must Allow Constitution Pipeline
March 20, 2015March 20, 2015

The Constitution Pipeline, a 124-mile pipeline that will flow Marcellus gas from Susquehanna County, PA to Schoharie Couty, NY where it will connect to both the Iroquois Pipeline and the Tennessee Gas Pipeline, received final Federal Energy Regulatory Commission (FERC) approval in December (see FERC Issues Final Approval for Constitution Pipeline in PA/NY). Construction was originally slated to begin long before now, but better late than never. The current plan is to begin construction no later than June 1. The remaining roadblocks are permits from the New York Dept. of Environmental Conservation (which should come very soon), and permits from the U.S. Army Corps of Engineers. Throughout this entire project most believed the major roadblocks would be in New York State, where most of the pipeline will run. Little did we know that 20 landowners in Pennsylvania (out of 130 along the route of the pipeline) objected and would not let Williams build the pipeline across their property. Williams filed condemnation (eminent domain) proceedings against all 20. In the end, 13 of the 20 settled with Williams, and the other 7 have now been forced, under court order, to allow the pipeline across their property. That decision came earlier this week from U.S. District Court for the Middle District of Pennsylvania…
Read More “Judge Rules 7 NEPA Landowners Must Allow Constitution Pipeline”
Antero Resources | Belmont County | Energy Companies | Gulfport Energy | Industrywide Issues | Litigation | Ohio

Gulfport Energy Sues Barnesville, OH for Access to Water in Reservoir
March 20, 2015March 20, 2015

A legal battle is shaping up in Belmont County, OH–in and around Barnesville. Way back in 2012, Gulfport Energy signed a contract with Barnesville to buy water from the Slope Creek Reservoir for 1 penny per gallon. Not long after, the Village of Barnesville (which controls the reservoir) signed a lease with Antero Resources for a sizable sum (see Barnesville, OH Signs Lease with Antero, Receives $6M). Antero also snapped up more acreage in the area (see Antero Offers Barnesville, OH Residents $5,700/Acre 20% Royalties). Gulfport and Antero reached a “mutual development agreement” in June and now Gulfport wants to start drilling in the area–but Barnesville is saying the reservoir is too low because other drillers (Antero?) have drawn it down. So Barnesville won’t let Gulfport, which has its own contract, to access water in the reservoir. Gulfport has just sued the Village to gain access…
Read More “Gulfport Energy Sues Barnesville, OH for Access to Water in Reservoir”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

Federal Court Tosses Out Lawsuit by Dr. in PA Act 13 Law – Again
March 19, 2015March 19, 2015

The end of a loooong chapter in lawsuits over Pennsylvania’s Act 13 drilling law came earlier this week when a federal appeals court ruled that no, Dr. Alfonso Rodriguez, a nephrologist from Dallas in Luzerne County, PA does NOT have “standing” to claim Act 13 applies some sort of medical “gag rule” that doesn’t allow doctors access to information they need to treat their patients. Dr. Rodriguez, along with seven selfish towns, sued to overturn Act 13. The towns didn’t like being told they couldn’t zone drilling out of existence within their borders, and the doctor didn’t like being told he couldn’t blab drillers’ trade secrets all over the place. So it went to PA’s Supreme Court and they ruled in favor of the towns, but sent parts of the lawsuit back to a lower court, including the doctor’s portion (see Act 13 Goes Back to Lower Court, Disturbing Comments from Judge). The case has now been tossed out no less than three times in federal court. Hopefully this third time is the charm…
Read More “Federal Court Tosses Out Lawsuit by Dr. in PA Act 13 Law – Again”
Anti-Drilling/Fossil Fuel | Energy Services | Industrywide Issues | Litigation | Pennsylvania | Pipelines | Statewide PA | Transco | Williams

Dela. Riverkeeper Leidy Lawsuit Costing Williams $125K per Day
March 19, 2015March 19, 2015

The clock is ticking. As we told you on Monday, THE Delaware Riverkeeper–Maya van Rossum–is using her bags of money from the William Penn Foundation to try and stop the FERC-approved expansion of the Transco pipeline in northeastern Pennsylvania (see Dela. Riverkeeper Halts Transco Pipeline Upgrade with Lawsuit). The project, known as the Leidy Southeast expansion project, would add new pipeline next to existing pipeline–called looping. Williams (owner of the Transco) can only cut trees down along the path it needs to clear until April 1st. After that, they must wait until Nov. 1st to begin cutting again in order to avoid cutting down trees that may (or may not) become roosting spots for the endangered Indiana bat. van Rossum & company have gotten a sympathetic judge in D.C. to halt the tree cutting while he reviews her latest frivolous lawsuit. She’s trying to run the clock down. The D.C. Circuit Court of Appeals was supposed to rule earlier this week. They didn’t. Every day they delay is costing Williams $125,000. We sincerely hope Williams sends that bill to van Rossum once the tree cutting begins again…
Read More “Dela. Riverkeeper Leidy Lawsuit Costing Williams $125K per Day”
Anti-Drilling/Fossil Fuel | Cuyahoga County | Industrywide Issues | Litigation | Ohio | Regulation | Statewide OH

OH Antis Handed Crushing Defeat in Broadview Hghts Home Rule Case
March 18, 2015March 18, 2015

We’ve commented before on the lawless tendencies of anti-drillers, particularly in Ohio where, when they lose a court case, they declare the government is illegitimate (see OH Anti-Drillers on Rampage after Supreme Court Home Rule Decision). It hasn’t been a full month since the Ohio Supreme Court ruling and now a second, crushing defeat for anti-fossil fuelers. Last week a Cuyahoga County Common Pleas Court judge struck down the Cleveland suburb of Broadview Heights’ so-called community bill of rights that bans all, including shale drilling. Once again, as with the Supreme Court “Munroe Falls” case, we see what sore losers anti-drillers are. If a court case like Broadview Heights doesn’t go their way, they immediately start talking about anarchy–that the government has “ceased to be legitimate.” These are not only stupid people, they’re dangerous too…
Read More “OH Antis Handed Crushing Defeat in Broadview Hghts Home Rule Case”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Litigation | Pennsylvania | Pike County | Regulation | Statewide PA | Wayne County

PA Gov Tom Wolf Supports DRBC Moratorium on Marcellus Drilling
March 17, 2015March 17, 2015

As we’ve stated a number of times, newly-elected PA Gov. Tom Wolf is a major disappointment–a man out of his depth in attempting to run an entire state. Now comes word that Wolf supports the Delaware River Basin Commission’s (DRBC) anti-drilling policies that prevent drilling in his own state. We previously told you Wolf had employed the former anti-drilling head of the DRBC as a member of his transition team (see PA Gov-Elect Wolf Transition Team Includes DRBC’s Carol Collier). Two weeks ago, Wolf proposed increasing the DRBC’s budget by 73%, while states like New York and New Jersey continue to refuse paying their fair share (see PA Gov Wolf Increases DRBC Funding by 73% to 3/4 Million Bucks). Now he adds insult to injury by saying he supports the drilling ban in Wayne and Pike counties in his own state…
Read More “PA Gov Tom Wolf Supports DRBC Moratorium on Marcellus Drilling”
Anti-Drilling/Fossil Fuel | Energy Services | Industrywide Issues | Litigation | Luzerne County | Pennsylvania | Pipelines | Regulation | Statewide PA | Transco | Williams

Dela. Riverkeeper Halts Transco Pipeline Upgrade with Lawsuit
March 16, 2015March 16, 2015

Someone needs to sue THE Delaware Riverkeeper (Maya van Rossum) the way that organization is suing legitimate and legal companies to block legitimate and legal activity in the Marcellus Shale. Delaware Riverkeeper apparently has endless bags of money, made available to them by the Park Foundation, Heinz Endowments and other anti-drilling “non-profit” groups, to file endless frivolous lawsuits. The latest is particularly insidious. Williams has just received approval from the Federal Energy Regulatory Commission (FERC) to build a few loops–extra lengths of pipeline immediately next to existing pipeline–for the Transco Pipeline in northeast PA and in NJ (see FERC Approves Williams Leidy Southeast Project in PA/NJ). Part of the requirement by FERC is that Williams cannot cut down trees between April and October–a full seven months–to avoid “harming” the endangered Indiana bat that may (or may not) roost in those trees…
Read More “Dela. Riverkeeper Halts Transco Pipeline Upgrade with Lawsuit”
Anti-Drilling/Fossil Fuel | Butler County | Energy Companies | Industrywide Issues | Litigation | Pennsylvania | Regulation | Rex Energy

Dela. RiverKeeper, Clean Air Council Cost Middlesex Residents $35K+
March 16, 2015March 16, 2015

THE Delaware Riverkeeper (Maya van Rossum) and the Clean Air Council, both located in the orbit of Philadelphia, have gone all the way to the opposite side of the state to meddle and cause mischief (see Martian Chronicles: Delaware River Basin Shifts to Western PA?). They’ve not only delayed legal and legitimate Marcellus drilling on the other side of the state, now they’ve cost the taxpayers in Middlesex Township (Butler County), PA over $35,000 in legal fees–and the costs keep mounting. Thank you Delaware Riverkeeper and Clean Air Council with your frivolous meddling! Those groups, in league with “four residents” are challenging the right of Middlesex to allow Rex Energy to drill several Marcellus Shale wells on a pad in a rural area that’s 3/4 of a mile away from the Mars School (see Rex Drilling Operation Near Mars School Put on Hold). Their meddling is costing real money–not only for Rex Energy, but also for the taxpayers of Middlesex who are nothing more than collateral damage for Riverkeeper and the Clean Air Council in their war on fossil fuels…
Read More “Dela. RiverKeeper, Clean Air Council Cost Middlesex Residents $35K+”
Chesapeake Energy | Energy Companies | Industrywide Issues | Lease & Royalty Payments | Litigation | Pennsylvania | Statewide PA

Chesapeake’s PA Royalty Settlement Affects Some, Not All Landowners
March 16, 2015March 16, 2015

In December MDN told you about a settlement between “several thousand” Pennsylvania landowners and Chesapeake over the royalty issue–Chessy deducting post-production payments by pipeline companies in what some call a scam that leaves landowners signed with Chesapeake receiving royalty checks that are pennies on the dollar compared to what they should receive. The new settlement for those “several thousand” would be 2/3 of $11 million, after the lawyers get their 1/3 cut (see Chesapeake & PA Landowners Settle Royalty Lawsuit…Again). However, not all PA landowners leased with Chesapeake are happy about it. Two other, separate lawsuits against Chesapeake are proceeding and, according to attorneys, the settlement will not affect these separate lawsuits which are proceeding, unless the leases have a “market enhancement” clause…
Read More “Chesapeake’s PA Royalty Settlement Affects Some, Not All Landowners”
Energy Companies | Energy Services | Industrywide Issues | Litigation | Minuteman Environmental Services | Pennsylvania | Regulation | Statewide PA | XTO

PA Grand Jury Finds Anti-Drilling AG Kathleen Kane Lied Under Oath
March 13, 2015March 13, 2015

Kathleen Kane, the anti-drilling Attorney General of Pennsylvania–lied under oath–according to a PA grand jury. That’s called perjury and it’s a crime. She should be removed from office immediately but she’s fighting the charge using Lanny Davis–the same lawyer who kept Bill Clinton in office after he lied under oath. She’s hoping lightening will strike twice and Davis will be able to restore her damaged-beyond-repair credibility as the state’s top law enforcement officer, even though she herself has committed high crimes against the state. Why do we care? Because she’s lied in at least two other cases that affect the Marcellus Shale industry: XTO Energy (see PA AG Abuses Her Authority, Files Criminal Charges Against XTO) and Minuteman Environmental Services (see Minuteman Sues AG Kane’s Office for $20M + Punitive Damages). She’s vicious and relentless when it comes to smearing the Marcellus industry and she needs to go because of her own crimes…
Read More “PA Grand Jury Finds Anti-Drilling AG Kathleen Kane Lied Under Oath”
Chesapeake Energy | Columbiana County | Energy Companies | Industrywide Issues | Lease & Royalty Payments | Litigation | Ohio

Columbiana Landowners Win Right to Renegotiate Some Lease Terms
March 11, 2015March 11, 2015

In 2008, before the word “Utica Shale” was on people’s lips and in their consciousness, landmen from Patriot Energy Partners “smiled and dialed” calling up landowners in Columbiana County, offering them a whopping $10 (yes 10 bucks) an acre to sign gas and oil exploration leases. Patriot mailed them the contracts, the landowners signed and sent them back, and then got pennies on the dollar for what those leases were actually worth. Patriot then flipped the leases, selling the deep exploration rights to Chesapeake Energy–for $1,100 an acre. Patriot claimed the practice (of hoodwinking landowners and flipping leases) is legal. The landowners wised up and in 2011, 25 landowner families sued to have their leases dissolved. Four years later the case, after going to arbitration, is resolved…
Read More “Columbiana Landowners Win Right to Renegotiate Some Lease Terms”
Energy Services | Energy Transfer Partners | Industrywide Issues | Litigation | Ohio | Pipelines | Regulation | Statewide OH

OH Law Firm Asks FERC to Stop ET Rover Pipeline Eminent Domain
March 10, 2015March 10, 2015

Columbus, OH law firm has filed a motion with the Federal Energy Regulatory Commission (FERC) challenging Energy Transfer Partners’ ET Rover application before FERC. The issue at the heart of the motion is to prevent ET Rover from invoking eminent domain and steamrollering over landowners, building the pipeline without an agreement in place with each individual landowner first. When pipeline companies have the power of eminent domain, they hold all the cards. They can say, “Here’s the offer–take it or leave it–and if you leave it, we’ll build the pipeline through your land anyway at the price we want.” We’ve never been fans of eminent domain for pipelines. Far better for pipeline companies to work it out with landowners and pay them–or reroute it through someone else’s property who will play ball. We acknowledge it’s a thorny issue and not completely black and white. ET Rover is an 830-mile, $4.4 billion pipeline that will flow Marcellus and Utica Shale gas from PA, WV and eastern OH through OH into Michigan and eventually into Canada (see ET Rover Pipeline’s 800-Mile Journey Begins with FERC Filing). The bulk of the pipeline will run diagonally from southeast to northwest across Ohio. Just yesterday we told you about ET Rover’s program to help landowners (see ET Rover Pipeline Hires Land Stewards to Protect the Land in OH). The motion filed with FERC, from what we can tell in reading the press release and the motion itself (embedded below) is not an attempt to stop ET Rover–it’s an attempt to give landowners more negotiating power and leave them firmly in control of whether, and how much, they will accept to allow the pipeline through their property…
Read More “OH Law Firm Asks FERC to Stop ET Rover Pipeline Eminent Domain”
Cunningham Energy | Energy Companies | Industrywide Issues | Lease & Royalty Payments | Litigation | Tyler County | West Virginia

WV “Landowner” Wins $4.8M in Lawsuit for Failure to Drill
March 9, 2015March 9, 2015

By Andy Leahy

On March 3, a federal judge awarded a Tyler County, WV mineral owner $4.8 million in present and future royalties (plus interest) as damages in a dispute involving the operator’s failure to follow through on some unusually generous lease terms. The operator, Cunningham Energy LLC of Charleston, WV, had promised to horizontally drill eight wells to and through the Marcellus Shale formation within three years, but was unable to do so–largely because the leaseholds were far too small to develop as stand-alone units, and the surrounding lands turned out to be already under lease to other drillers…
Read More “WV “Landowner” Wins $4.8M in Lawsuit for Failure to Drill”