Another OH DMA Case Decided in Favor of Landowners
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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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 
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 
We’ve got some bad blood happening between EQT–a big Marcellus driller headquartered in Pittsburgh, PA–and the PA Dept. of Environmental Protection (DEP). The DEP has just filed a lawsuit against EQT to force the company to cough up a new record–$4.53 million in fines–for a leaky wastewater impoundment in Tioga County, PA. The fine comes a week after the anti-drilling PA Attorney General, Kathleen Kane, once again abused her office’s powers by filing criminal charges against EQT (see today’s companion story). The DEP says EQT filed for and received permission to build a freshwater impoundment at that location in 2012, but after the impoudment was built, they decided to change and use it for frack wastewater. Problem is, with a wastewater impoundment you need monitoring wells drilled around the impoundment and extra protections that were lacking because it was supposed to be used for freshwater only. EQT then built a second impoundment next to it for wastewater and did install monitoring wells, figuring those monitoring wells would cover both impoundments. The first impoundment leaked and, according to the DEP, EQT just doesn’t get how serious the problems were/are that resulted, and so they’ve slapped them with their biggest single fine ever. EQT is already fighting back both legally and with their own press release…