Litigation

Anti-Drilling/Fossil Fuel | Industrywide Issues | Litigation

Enviro Groups Sue DOT to Stop Bakken Oil Rail Shipments
December 4, 2014December 4, 2014

The radicals at Earthjustice, the Sierra Club and ForestEthics (bet you didn’t know that forests have ethics, didja?) have sued the federal Dept. of Transportation to challenge the DOT’s refusal to ban railroads from shipping crude oil via rail from the Bakken (and other shale plays). This is the same tactic repeatedly used by anti-drillers (and leftists everywhere) to create new laws without getting Congress involved. Sue a regulatory agency, win the lawsuit, then the agency is “forced” to enact a regulation it (supposedly) didn’t want to enact–at the gun point of a lefty judge. (Watch this video of Oklahoma Attorney General Scott Pruitt for an explanation of how they do it.) What Earthjustice and their ilk continue to do to our justice system is sick…
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Energy Companies | Industrywide Issues | Litigation | Pennsylvania | Range Resources Corp | Washington County

PA Family Sues Range Resources over Nearby Drilling, Impoundment
December 1, 2014December 1, 2014

Range Resources has for years been battling allegations that their wastewater impoundments in Washington County, PA have leaked and polluted nearby water wells. The Pennsylvania Dept. of Environmental Protection (DEP) investigated and in September levied a $4.15 million fine against Range, requiring the company to close five of seven impoundments (see PA DEP Fines Range Resources $4.15M for Wastewater Impoundments). Along the way several landowners have sued Range–over the impoundments and over nearby drilling. Add one more to the list: The Lauff family in Mt. Pleasant Township has filed a lawsuit alleging negligence by Range in the way they drilled several nearby wells and in their operation of a wastewater impoundment…
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Anti-Drilling/Fossil Fuel | Energy Companies | Indiana County | Industrywide Issues | Litigation | Pennsylvania | Pennsylvania General Energy | Wastewater

Little Mahoning Watershed to Testify in Court Case (??)
November 21, 2014November 21, 2014

You have to give the silly anti-fossil fuel nutters one thing–they sure are creative. The latest nonsense to come from the extreme left is that artificial constructs like watersheds now have “rights” and can somehow speak for itself. At least that’s what’s being claimed in a “first of its kind” motion by–yes–the Little Mahoning Watershed (Indiana County, PA). We wonder, what does the Watershed’s voice sound like? And where, precisely, did the Watershed scribble down its statement that was recently delivered to the court? We’d like to see that place and behold that miracle. This would all be rolling-on-the-floor funny if extremists weren’t so hellbent on bastardizing our laws and the U.S. Constitution–to the point our legal system becomes meaningless. The Community Environmental Legal Defense Fund (CELDF), which hangs its hat in Mercersburg, PA, says Little Mahoning Watershed spoke to it and whispered it doesn’t want to be polluted by nasty frack wastewater…
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Anti-Drilling/Fossil Fuel | Industrywide Issues | Landfills | Litigation | Ohio | Regulation | Statewide OH | Wastewater

Another Day, Another Lawsuit from Food & Water Watch
November 20, 2014November 20, 2014

The anti-drilling Fresh Water Accountability Project (FWAP)–based in Ohio–along with the odious and litigious (and misnamed) Food & Water Watch have once again, sued. Surprise! This time they’ve sued OH Gov. John Kasich along with the Ohio Department of Natural Resources (ODNR) for what they claim are the “illegal approval of at least 23 fracking waste handling, storage, processing and recycling facilities to operate.” Lea Harper, head of the so-called FWAP, has been involved in other anti-drilling lawsuits, including one against the Muskingum Watershed Conservancy District. FWW must have to employ a librarian to keep track of all their anti-drilling lawsuits. Here’s the latest bald-faced lies from these two litigious organizations:
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Industrywide Issues | Litigation | Ohio | Statewide OH

Another OH DMA Case Decided in Favor of Landowners
November 17, 2014November 17, 2014

For some time now MDN has been following court challenges to Ohio’s Dormant Mineral Act (DMA). The DMA is really two pieces of legislation: One which went into effect in 1989, the other which sought to clarify the 1989 law that went into effect in 2006 (see Video: OH Lawyers Explain Dormant Minerals Act & Impact on Utica). The Ohio Supreme Court has heard a case on the DMA but has still not ruled. However, other cases on the periphery of the DMA have been decided (see OH 7th Circuit Court of Appeals Decision on Dormant Minerals Act). Another such case, Wendt v. Dickerson, was decided a few weeks ago–a case which found in favor of landowners who want to reclaim mineral rights in certain circumstances…
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Axiall | Energy Companies | Energy Services | Gastar Exploration | Hydraulic Fracturing | Industrywide Issues | Litigation | Marshall County | West Virginia

Gastar Fracking Near WV Chemical Plant Halted Pending Court Review
November 13, 2014November 13, 2014

Chemical manufacturer Axiall, with a plant in Natrium (Marshall County), WV, has successfully stopped Gastar from fracking several drilled shale wells located near the chemical plant. Why? They’re afraid that the fracking process will allow gas to travel underground and affect their previously drilled brine wells in the area. That exact scenario, according to Axiall, played out last year when Triad Hunter fracked wells nearby. The fracking, according to Axiall, led to a blowout at one of their brine wells and the well began emitting natural gas–an explosion hazard. A judge agreed with Axiall and put a stop to any fracking by Gastar pending a full hearing before the court…
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Energy Services | Industrywide Issues | Litigation | Minuteman Environmental Services | Pennsylvania | Statewide PA

PA AG Kane Tries to Derail Counter Lawsuit in Minuteman Bankruptcy
November 10, 2014November 10, 2014

Pennsylvania Attorney General Kathleen Kane is once again trying to manipulate the court system to support her ongoing witch hunts into the Marcellus Shale industry. You may recall she previously abused her office in filing criminal charges against XTO Energy for an accidental spill that occurred two years before she took office (see PA AG Abuses Her Authority, Files Criminal Charges Against XTO). She’s also brought criminal charges against EQT (see PA Attorney Gen. Kane Abuses Office Again, Arrest Warrant for EQT). But it’s not only the big boys she has a vendetta against. She also shut down a small company that does environmental remediation and wastewater disposal (see Minuteman Enviro Says PA AG Office “Terrorized” Family Members, Filing Lawsuit). The company had the audacity to fight back, filing their own lawsuit against Kane because she’s forced the company into bankruptcy by her abusive actions (see Minuteman Sues AG Kane’s Office for $20M + Punitive Damages). Kane now wants to keep the bankruptcy court judge from making a ruling in that lawsuit, furthering her abuse of power…
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Accidents | Energy Companies | Industrywide Issues | Litigation | Lycoming County | Pennsylvania | XTO

Minor Setback for XTO in PA AG’s Criminal Case for 2010 Spill
November 4, 2014November 4, 2014

Arriving with the promise to hassle the Marcellus drilling industry when she took office in January 2013, Pennsylvania Attorney General Kathleen Kane kept her promise. After assuming office, she promptly looked for old cases she could reopen in order to make a name for herself. She found one in a two year-old case of an accidental spill of frack wastewater by XTO Energy (part of ExxonMobil). She proceeded to abuse the power of her office by bringing criminal charges against XTO for that two year-old (now four year-old) case (see PA AG Abuses Her Authority, Files Criminal Charges Against XTO). There is a new development in the case. XTO requested the case be dismissed because it was previously investigated “jointly” by both state and federal investigators. The judge presiding over the case has found that there was no “jointly” in the investigation and eventual settlement…
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Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Ohio | Pennsylvania | Regulation | Statewide NY | Statewide OH | Statewide PA | Statewide WV | West Virginia

IPAA Fracking Update: Legislation, Regulation, Litigation
November 4, 2014November 4, 2014

What’s the latest legislative, regulatory and litigation developments with respect to hydraulic fracturing in the Marcellus and Utica region? Thanks to the Independent Petroleum Association of America (IPAA) and their partnership with PIRA Energy Group, a consulting firm that specializes in U.S. and international energy markets research and intelligence, we have an update. Recently the IPAA sent around the quarterly Fracking Policy Monitor. In this latest issue of the Monitor (full copy embedded below) we have news from PA, OH and WV, where drilling happens now, and even news from NY, where drilling doesn’t happen now (thanks to being blocked by Gov. Andrew Cuomo)…
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Chautauqua County | Economic Impact | EmKey Gathering | Energy Companies | Energy Services | Industrywide Issues | Litigation | New York | Norse Energy | Pipelines | Taxation

Cuomo Dithers and Towns Like Gerry, NY Pay the Bill
November 3, 2014November 3, 2014

Not only has NY Gov. Andrew Cuomo’s dithering and refusal to make a decision on whether or not to allow horizontal hydraulic fracturing in the state materially harmed tens of thousands of landowners and farmers in the state (not to mention all of those who would have had high-paying jobs in the industry), it’s also harmed taxpayers in places like Gerry (Chautauqua County), NY. Because Cuomo dithered and Norse Energy went bankrupt, a division of Norse, Norse Pipeline, also went bankrupt because the gas wasn’t available to run through their pipeline in places like Gerry. That pipeline was sold to Emkey and a court has just re-adjusted the assessment of that pipeline’s value–from $2,616,444 to $320,439, causing Gerry to lose $2,305,368 of its tax base. Not only that…
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Anti-Drilling/Fossil Fuel | Industrywide Issues | Litigation | Pennsylvania | Statewide PA

Delaware Riverkeeper Sues to Stop Fracking Under PA State Land
October 31, 2014October 31, 2014

The litigious (and arrogant) Maya van Rossum, aka THE Delaware Riverkeeper, is hoping that lightening, in the form of a lawsuit, will strike twice. The Delaware Riverkeeper was party to the tragedy that overturned a large portion of the 2012 Act 13 drilling law (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). The decision made by the PA Supreme Court was a bad one, based on brand new so-called environmental rights that didn’t previously exist. It was also based on the false premise that oil and shale drilling are inherently harmful to the environment (see Industry Vet Points Out Error in PA Supreme Court Act 13 Ruling). We have more than 60 years of active drilling/evidence that says the practice is safe. But we digress. PA Gov. Tom Corbett plans to expand a program already underway in the state to allow a teeny tiny bit more drilling under PA’s state forests. Ms. Rossum is determined to stop it…
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Industrywide Issues | Litigation | Pennsylvania | Sand/Proppant | Wyoming County (PA)

NEPA Town Residents Resist Frack Sand Transfer Station
October 22, 2014December 4, 2014

Hi-Crush Partners, one of three major frack sand companies in the U.S., purchased PA-based D&I Silica for $125 million in May 2013. D&I is planning to build a frack sand transfer station in Tunkhannock (Wyoming County), PA. Except some (many?) residents who live in the area, along with the Wyoming County Planning Commission, don’t want it. All permits are in hand except one–from the Planning Commission. Hi-Crush has sued and the matter sits in court. However, there was a colorful appearance by one local anti-driller who dressed up in a canary outfit to attend the Wyoming County Commissioners meeting last night discussing the proposed transfer station…
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Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Norse Energy | Regulation | Statewide NY | Tompkins County

NY High Court Rebuffs Norse Request to Re-hear Town Ban Case
October 20, 2014October 20, 2014

We won’t bother to chronicle, once again, the long fight in New York State over the right of a town board with 3-5 members deciding that every resident in a township will lose the right to use their property the way they want to (even though property ownership is sacrosanct under the U.S. Constitution). In the People’s Republic of New York, the mob rules. The rule of law is out the window. And so, a few New York high court judges who want to retain their posts under Gov. Andrew Cuomo, decided nobody really reads the Constitution anymore anyway–and that local town boards (not individual landowners) will now decide whether or not shale drilling will take place (see Shale Drilling in NY is Over – High Court Upholds Town Bans). One of the litigants in the case was Norse Energy, forced into bankruptcy by New York’s now 6+ year moratorium on fracking. Norse took over leases from Anschutz Exploration and sued the Town of Dryden, NY over their idiotic frack ban. Based on a recent Colorado case that is similar (and found against so-called “home rule” by towns), Norse asked New York’s highest court to re-hear the case (see Norse Energy Appeals Town Ban Case Back to NY High Court). The ~~crooked~~ judges said “nope”…
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Anti-Drilling/Fossil Fuel | Chautauqua County | Electrical Generation | Industrywide Issues | Litigation | New York | Regulation

Dunkirk NY Electric Plant Natgas Conversion Challenged in Lawsuit
October 20, 2014October 20, 2014

There is precisely one (and only one) decision that New York Gov. Andrew Cuomo has made with regard to clean-burning natural gas that we know of. Last December Gov. Cuomo trudged through three feet of snow in Dunkirk, NY to announce a deal had been struck to convert the local coal-burning electrical generating plant to burn natural gas instead (see Dunkirk, NY Electric Plant Saved – Converting from Coal to NatGas). If the plant is not allowed to convert, it will close and 435 megawatts of electricity will disappear, and along with it, 40% of the taxes paid to local governments and the local school district will evaporate too. You might think environmentalists would be happy to have the plant convert from “dirty” coal to clean-burning natural gas. How have they responded? By filing lawsuits against the conversion…
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Energy Companies | Energy Services | Industrywide Issues | Litigation | MarkWest Energy | Pennsylvania | Pipelines | Processing Plants | Range Resources Corp | Regulation | Washington County

Civil War Between Cecil Supervisors/Zoning Board Over Compressor
October 20, 2014October 20, 2014

As MDN reported in early October, MarkWest Energy finally (after four years) won the right to build a compressor station in Cecil (Washington County), PA (see MarkWest Wins Court Case to Build Compressor Station in Cecil, PA). The compressor station will be built on property owned by Range Resources. It’s Range’s gas that will flow through that station on its way to market. The Cecil Board of Supervisors voted to not challenge a Commonwealth Court (a lower court) decision that said the zoning board erred when denying MarkWest a permit to build the compressor station. However, the zoning board itself can still appeal the decision (see Cecil Supervisors Vote to NOT Appeal MarkWest Compressor Decision). It appears to us like a civil war has erupted between the Cecil board of supervisors and the zoning board…
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Anti-Drilling/Fossil Fuel | Butler County | Energy Companies | Industrywide Issues | Litigation | Pennsylvania | Regulation | Rex Energy

Martian Chronicles: Delaware River Basin Shifts to Western PA?
October 14, 2014October 14, 2014

The Martians are getting an assist from THE Delaware Riverkeeper herself (Maya van Rossum). Get this: The Delaware Riverkeeper, along with another anti-drilling group called The Clean Air Council (both based near Philadelphia), have filed an appeal with Adams Township (Butler County), PA over the town’s decision to grant Rex Energy permits to drill gas wells 3/4 of a mile away from the Mars public school. In June, Adams Township supervisors voted 4-1 to allow drilling to commence, subject to getting permits from the Dept. of Environmental Protection (see Adams Twp, PA Votes to NOT Block Drilling “Near” Mars School). Just a month ago, Rex got the permits from the DEP to begin drilling (see Rex Gets Permits to Drill Near Martian School, Antis Apoplectic). Some Martian parents objected, and found a sympathetic wallet all the way across the state in Philadelphia with van Rossum. What does Butler County, on the western edge of PA have to do with van Rossum’s Delaware River Basin group, which is focused exclusively on the eastern edge of PA? NOTHING. Except for her personal hatred of fossil fuels and willingness to spend her own (and other people’s) money to fight shale drilling wherever it happens…
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