Litigation

Anti-Drilling/Fossil Fuel | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

NY Enviro Groups Seek to Use Oil Trains to Their Advantage
July 9, 2014July 9, 2014

Spurred on by several accidents of trains transporting light crude oil from the Bakken Shale, one month ago the federal government ordered railroads to share more details about those shipments with the states through which they pass. One of those states is New York. Some (a lot) of Bakken crude goes to the Port of Albany, where terminals store the oil and transfer it to ships and barges heading down the Hudson River. New York State is still deciding what information, and how much, to share with the public. The information, according to railroad CSX, is supposed to be shared with first responders (and not the general public). That’s just not good enough for virulent anti-drilling groups like Earthjustice, the Sierra Clubers and THE Riverkeeper…
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Accidents | Chevron | Energy Companies | Greene County (PA) | Industrywide Issues | Litigation | Pennsylvania

Parents of Worker Killed in Chevron Greene Co Fire Sue
July 8, 2014July 8, 2014

In February of this year there was an explosion and fire at Chevron’s Lanco 7H well pad in a remote area northwest of Bobtown in Greene County, PA (see Explosion & Fire at Chevron Well in SWPA – 1 Person Missing). Sadly, the fire killed Ian McKee, 27, a Cameron International contractor working at the Chevron well site (see Remains of Chevron Contractor Found at Greene County Well Site). Ian’s parents recently filed paperwork suing Chevron…
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Accidents | Energy Companies | Industrywide Issues | Litigation | Pennsylvania | Wastewater | Westmoreland County | WPX Energy

WPX Wastewater Impoundment Source of Water Contamination in W PA?
July 7, 2014July 7, 2014

Three families near a WPX Energy wastewater impoundment near Ligonier (Westmoreland County), PA say their well water has been contamined by wastewater leaking from the impoundment. The case is just coming to light (at least for MDN) although the PA Dept. of Environmental Protection (DEP) has known and has investigated the “leaky impoundment” for going on two years now…
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Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

Federal Court Dismisses Doctor Lawsuit re Act 13 “Gag Rule”
July 2, 2014July 2, 2014

The lawsuit brought by seven selfish towns against Pennsylvania’s Act 13 drilling law has had more twists and turns than a back road in the Pocono Mountains. The litigious towns, plus a doctor, sued over various provisions in the Act 13 law. 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). A second lawsuit was filed by a different doctor along the same lines (so-called “gag rule”)…
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Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

Reaction to NY High Court’s Ill-fated Decision to Allow Town Bans
July 1, 2014July 1, 2014

Yesterday MDN brought you the sad news that New York’s highest court has sided with towns giving them the right to completely ban shale drilling (see Shale Drilling in NY is Over – High Court Upholds Town Bans). Today we bring you reaction from several New York pro-drilling groups, along with quotes from others, both for and against drilling. This is a really bid deal–a “10” on the news scale. So we need to devote some time to reactions to the court’s ill-fated decision…
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Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Norse Energy | Regulation | Statewide NY

Shale Drilling in NY is Over – High Court Upholds Town Bans
June 30, 2014June 30, 2014

This is a very sad day indeed. We’ve just received word that New York’s highest court, the Court of Appeals, has reaffirmed two lower court rulings that allows entire townships in the state to strip away property owners’ rights to allow drilling, in contravention to the U.S. Constitution. The two cases, long chronicled here on MDN, are the “Middlefield” and “Dryden” cases (see NY Pro-Drillers File Final Briefs in Dryden/Middlefield Cases for background). What does it mean? In our opinion it means there will never be any meaningful shale drilling in New York. No driller in his right mind will roll the dice, lock up thousands of acres by spending millions of dollars, just to see it all disappear at the next town board election with a vote by 3 of 5 people. What a complete and utter tragedy this is for freedom-loving Americans who happen to live in the increasingly communistic state of New York. Below is a copy of the decision…
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Industrywide Issues | Litigation | Pennsylvania | Regulation | Washington County

Peters Twp Continues to Plot and Plan to Stop Drilling
June 30, 2014February 3, 2015

Peters Township (in Washington County, PA) is one of the seven selfish townships that sued the state and eventually won to dismantle large and important pieces of the Act 13 Marcellus drilling law (see Lawsuit Filed: PA Towns Sue State over Marcellus Act 13 Law and PA Supreme Court Rules Against State/Drillers in Act 13 Case). Peters continues to meet and plot how they can further undermine drilling in their township, even after winning the Act 13 lawsuit…
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Anti-Drilling/Fossil Fuel | Athens County | Industrywide Issues | Litigation | Ohio | Regulation | Wastewater

Athens, OH Anti-Drillers Lose Appeal to Stop Injection Well
June 27, 2014June 27, 2014

In January of this year, the anti-drilling Athens County Fracking Action Network (ACFAN) filed a legal challenge to the permit issued by the Ohio Dept. of Natural Resources (ODNR) that approved a new injection well in Athens County (see Athens County, OH Anti-Drillers Sue to Stop New Injection Well). Earlier this month the Ohio Oil & Gas Commission, the organization that hears such appeals, dismissed the appeal by ACFAN…
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Access Midstream Partners | Chesapeake Energy | Energy Companies | Energy Services | Industrywide Issues | Lease & Royalty Payments | Litigation | Pennsylvania | Statewide PA

2nd PA Class Action Lawsuit Against Chesapeake re Royalty Fraud
June 26, 2014June 26, 2014

We’ve only spotted this news in (so far) two legal publications, but last Friday the Suessenbach Family Limited Partnership, using a Wilkes-Barre, PA law firm, 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. MDN previously covered how this scheme worked (see Chesapeake Shafting Landowners out of Royalties Mess Gets Messier). This is the second such class action against Chesapeake over royalties in PA we’re aware of (see Bad to Worse: PA Royalty Owner Asks Court for Chessy Class Action). There are all sorts of ramifications from this latest lawsuit…
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Blue Ridge Mtn Res/Magnum Hunter | Energy Companies | Industrywide Issues | Litigation

Magnum Hunter Wins Dismissal in 5 of 6 Lawsuits Alleging Mismgmt
June 25, 2014June 25, 2014

This is a “hmmm, that’s interesting” revelation for MDN. Yesterday Magnum Hunter Resources, a driller mostly focused on the West Virginia Marcellus and increasingly Ohio Utica Shale, issued a press release yesterday to say that they’ve been successful in getting five of six “securities class action and shareholder derivative lawsuits” against the company dismissed–without paying a penny to either the plaintiffs or their lawyers. The company is working on a sixth (and last) such lawsuit now. What is a securities class action/derivative lawsuit?…
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Air Quality | Industrywide Issues | Litigation | Regulation

Supreme Court Tells EPA: You Can’t Just Rewrite Law
June 24, 2014June 24, 2014

One of the Obama administration’s favorite tactics to do illegal end-runs around Congress (remember–Congress writes the laws, the President enforces them) is to have rogue agencies like the Environmental Protection Agency claim sweeping powers under older/existing laws. Like the Clean Air Act. Yesterday the U.S. Supreme Court yanked on the EPA’s leash pretty hard and said, “Heal boy, sit down.” The EPA tried to simply rewrite a law passed by Congress in how the agency treats so-called greenhouse gases. The EPA didn’t like what Congress wrote, so they rewrote it. The justices said, “No, you can’t do that,” to the EPA. However, as Justice Antonin Scalia pointed out from the bench, the EPA still got almost all of what it wanted in this decision…
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Anti-Drilling/Fossil Fuel | Industrywide Issues | Litigation

When Enviros like Greenpeace Don’t Get Own Way, They Bully
June 23, 2014June 23, 2014

When environmentalist wacko “non-governmental organizations” or NGOs like the odious Greenpeace don’t get their way, they resort to threats and intimidation. Kind like a “green” mafia. Recently the green bullies at Greenpeace International, World Wildlife Fund and the Center for International Environmental Law sent threat letters to the CEOs and board members of Exxon Mobil and other oil and gas companies to let them know that they personally–the people running those organizations–may be liable for non-existent global warming. That is, Greenpeace and others intend to launch lawsuits against individuals running the companies to force them–at the gunpoint of the courts–to do or not do the things the bullies want them to do…
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Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Range Resources Corp | Regulation | Washington County

Court Says Range Resources Must Disclose Chemicals in SW PA
June 19, 2014June 19, 2014

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 November of last year, County Judge Debbie O’Dell Seneca gave Range and its contractors 30 days to cough up a list of all the chemicals ever used at the site, right down to the kind of oil used in the engines of vehicles visiting the site (see PA Judge Forces Range, Contractors to Provide Chemical List). That didn’t happen because Range appealed. Last week Range lost the appeal…
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Chesapeake Energy | Energy Companies | Industrywide Issues | Lease & Royalty Payments | Litigation | Ohio | Statewide OH

OH Landowners Lose Important Lease Case to Chesapeake
June 17, 2014June 17, 2014

Sometimes the drilling industry gets a well-deserved black eye for their sleazy actions. This is one of those times. Chesapeake Energy took over low-ball leases signed in Jefferson County, OH in 2007 that awarded landowners $10 per acre. The lease calls for paying $10 per acre until the land is drilled. Original term of the lease was five years. But at the end of the five years Chessy automatically renewed it based on something called “paragraph 19” in Ohio’s contract law. Chessy says the language in the lease allows them to renew with the same screw-ya terms. Thing is, landowners who waited now get thousands per acre when signing a lease…
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Anti-Drilling/Fossil Fuel | Butler County | Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Regulation | Rex Energy

Martians Threaten Lawsuit Against PA Town to Prevent Drilling
June 17, 2014June 17, 2014

For some time MDN has chronicled the liberal push-back from anti-drillers in the Mars School District in Butler County, PA. First we told you they need their heads examined after refusing a lease from Rex Energy that would have netted money “for the children” on the order of $1 million (see Earth to Mars (School District) – Time to Check into Funny Farm?). Then we told you that supervisors in Adams Township, where the Mars School District is located, wisely decided to not restrict drilling by Rex Energy on property near the school (see Adams Twp, PA Votes to NOT Block Drilling “Near” Mars School). Now the state Dept. of Environmental Protection (DEP) is saying it’s “not a given” that the agency will grant Rex a permit to drill on any property near the school…
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Harrison County | Industrywide Issues | Litigation | Ohio | Utica Shale

Patience Gone: OH County Recorder Threatens to Sue for More Space
June 13, 2014June 13, 2014

The County Clerk–or in some places County Recorder–is usually a pretty low-key person in a low-key job. It’s that person’s job to keep track of land deeds and official paperwork for the county. MDN has previously pointed out an early indicator of where there will soon be drilling is when the County Clerk/Recorder’s office gets busy. In some cases, land agents have camped out overnight waiting to get in to a deed records office (see Title Researchers Camp Out at Tyler County (WV) Clerk’s Office). Harrison County, OH’s County Recorder is Tracy Boyer. The records office where she works has been hopping busy going on two years now. Tracy is normally a patient person, but her patience, after two years, has run out. She’s threatening to sue Harrison County commissioners over the need to expand the physical space her office needs to accommodate the ongoing flood of people who use it…
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