Litigation

Accidents | Energy Companies | Industrywide Issues | Litigation | Lycoming County | Pennsylvania | Wastewater | XTO

XTO Energy Files to Have AG Kane’s Lawsuit Dismissed
June 12, 2014June 12, 2014

It’s now obvious to everyone that Pennsylvania’s Attorney General Kathleen Kane abuses her office to selectively prosecute high-profile cases to support her own anti-drilling agenda. During her campaign in 2012 Kane pledged to fight to end fracking in PA. She’s doing her best to keep her promise. Example 1: Kane is persecuting/prosecuting a small business owner and his family, including his wife, mother and father (see Minuteman Enviro Says PA AG Office “Terrorized” Family Members, Filing Lawsuit). Example 2: Kane is attempting to criminalize the accidental spill of a small amount of recycled wastewater by XTO that happened years before she took office (see PA AG Abuses Her Authority, Files Criminal Charges Against XTO). XTO filed a motion on Monday to dismiss Kane’s case against the company, pointing out her anti-drilling bias to the judge…
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Coterra Energy (Cabot O&G) | Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Susquehanna County

Last Gasp in Dimock Couple’s Quest for Riches
June 11, 2014June 11, 2014

Scott and Monica Ely, who once willing leased their land to Cabot Oil & Gas in Dimock, PA, then saw big bucks when their water turned cloudy, ostensibly from methane they say was the result of nearby shale drilling from Cabot, have won the right to have their “negligence” lawsuit against Cabot to continue. The single count of negligence is the only thing U.S. District Magistrate Judge Martin C. Carlson said could continue. All other claims made by the couple have been dismissed by Judge Carlson…
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Crime | Energy Services | Industrywide Issues | Litigation | Minuteman Environmental Services | Pennsylvania | Regulation | Statewide PA | Wastewater

Minuteman Enviro Says PA AG Office “Terrorized” Family Members, Filing Lawsuit
June 10, 2014June 10, 2014

Yesterday MDN brought you the news that Pennsylvania’s anti-drilling Attorney General, Kathleen Kane, had spearheaded an “investigation” against Minuteman Environmental Services, a PA company that serves the shale industry with several different businesses (see PA’s Anti-Drilling AG Charges Minuteman with Enviro Crimes). It now appears it was less investigation and more witch hunt. Minuteman sent MDN a press release yesterday in which they make very strong allegations against the AG’s office, stating members of the family-owned business have been “terrorized” and its employees “abused” by the AG and her cadre of witch hunters. Minuteman states they are about to file a lawsuit against the AG and her office for abuses suffered at their hands…
Read More “Minuteman Enviro Says PA AG Office “Terrorized” Family Members, Filing Lawsuit”
Anti-Drilling/Fossil Fuel | Energy Services | Industrywide Issues | Kinder Morgan | Litigation | Pennsylvania | Pipelines | Regulation | Statewide PA | Tennessee Gas Pipeline

Federal Court Slaps FERC Over TGP Northeast Pipeline Approvals
June 10, 2014June 10, 2014

Even though Kinder Morgan’s Tennessee Gas Pipeline is thousands of miles long, and even though upgrades to a 200-mile section in the northeast are now complete, a federal appeals court last Friday faulted the Federal Energy Regulatory Commission’s (FERC) oversight of those upgrades. In 2012 FERC approved construction of five pipeline “loop” (or extra lines laid near existing lines) segments in Pennsylvania and New Jersey. The projects included upgrades at two PA compressor stations. The total project cost was $500 million and the projects together were/are badly needed to boost pipeline capacity for new quantities of Marcellus Shale gas. But that makes no difference to the ideologues at the petulant Delaware River Keeper, the New Jersey Highlands Coalition and the New Jersey Sierra Club. They sued when FERC wouldn’t re-hear their bleating and blatting. So the enviro groups took it to federal court and judges ruled last week that FERC should not have treated the projects individually when considering an approval…
Read More “Federal Court Slaps FERC Over TGP Northeast Pipeline Approvals”
Crime | Energy Services | Industrywide Issues | Litigation | Minuteman Environmental Services | Pennsylvania | Statewide PA | Wastewater

PA’s Anti-Drilling AG Charges Minuteman with Enviro Crimes
June 9, 2014June 9, 2014

It only took PA’s anti-drilling Attorney General, Kathleen Kane, 13 months to investigate Minuteman Environmental Services for alleged crimes against the environment. MDN told you about a raid on Minuteman’s headquarters in May 2013 by the PA Attorney General’s office, along with agents from the PA DEP, FBI and IRS (see Shale Environmental Services Company Raided by PA AG’s Office). At the time Kane would not say why they were raided–what the alleged charges were. Last week she finally charged not only CEO Brain Bolus, but even his father and mother (wow is Kane vicious)…
Read More “PA’s Anti-Drilling AG Charges Minuteman with Enviro Crimes”
Chesapeake Energy | Energy Companies | Industrywide Issues | Lease & Royalty Payments | Litigation | Michigan | Statewide MI

Michigan AG (Unbelievably) Files More Charges Against Chesapeake
June 9, 2014June 9, 2014

Dang if the Attorney General Bill Schuette from Michigan isn’t determined to shake down Chesapeake Energy for a boatload of money. Apparently Schuette’s political future rests on being able to get something out of Chesapeake, who so far has been unwilling to bend over and take it. We’re referring, of course, to Michigan’s use of illegally obtained emails that allegedly show some sort of collusion between Chesapeake and Encana to obtain state land leases for drilling at a low price. AG Schuette has filed yet more charges in the case. The feds investigated and found nothing (see Feds Clear Chesapeake & Encana in Collusion Case, Michigan Next?). Usually a state will go along with a finding by the federal Justice Department. But not Schuette from Michigan. He has his heart set on grabbing a few hundred million from the “deep pockets” of oil and gas companies…
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Albany County | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

Fate of NY Fracking Now in Hands of 7 Judge Court of Appeals
June 4, 2014June 4, 2014

Yesterday was an important day for the future of fracking in New York State. Attorneys Tom West (from Albany) and Scott Kurkoski (from Binghamton) argued before the New York State Court of Appeals, NY’s highest court, in the Dryden and Middlefield town ban cases. MDN has some of the comments made at the trial by both sides, a statement from the Joint Landowner’s Coalition of New York (JLCNY), and a rough estimate of when a decision will be rendered…
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Belmont County | Energy Companies | Hess | Industrywide Issues | Jefferson County (OH) | Lease & Royalty Payments | Litigation | Ohio | Utica Shale

Hess Wins Case Against One OH Landowner, Settles with Others
June 2, 2014June 2, 2014

Last October MDN told you about a court case that Hess lost in a lower Ohio court. Hess promised to “vigorously challenge” the decision and appeal it to a higher court (see Hess Will Challenge OH Court Decision to End Lease). The crux of the case: Hess purchased leases from Mason Dixon Energy and didn’t live up to the terms of the lease–they didn’t drill within five years and didn’t make an extra payment–then tried to make up for it at the last minute with payments to extend the leases. Three landowners won that original case, but on appeal, Hess has won against one of the landowners and it appears Hess is ready to settle with the other 300 or so landowners in the area that are affected…
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Albany County | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

Pivotal Court Date Next Week for Future of NY Fracking
May 30, 2014May 30, 2014

Next week will prove to be one of the most important weeks in the entire debate over whether or not fracking will ever come, in a significant fashion, to New York State. MDN editor Jim Willis is often asked, “When will New York see fracking begin?” Our answer for the past year-and-a-half has been the same: When the Dryden/Middlefield town ban cases are finally decided. Next Tuesday oral arguments in those twin (and joined) cases will be heard in Albany…
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Anti-Drilling/Fossil Fuel | Energy Services | Industrywide Issues | Litigation | Pennsylvania | Pipelines | Regulation | Statewide PA | Sunoco Logistics

StateImpact PA Claims Another Scalp for their Anti-Drilling Wall
May 30, 2014May 30, 2014

Earlier this month MDN told you about the anti-drilling advocacy organization pretending to be a news organization, StateImpact Pennsylvania, and their crowing over their efforts to get a law firm to withdraw from representing Sunoco Logsitics and their Mariner East Pipeline project (see PA Reporter Gets Law Firm to Withdraw from Sunoco Pipeline Case). StateImpact is back with a new scalp to add to their collection. They’ve just cowed the chairman of the PA Public Utilities Commission, Rob Powelson, into resigning from the Greater Philadelphia Energy Action Team–a Chamber of Commerce organization aimed at promoting business and all forms of energy in the state…
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Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

PEDF Sues to Stop Corbett Under (Not On) Forest Drilling Plan
May 29, 2014May 29, 2014

The benign-sounding Pennsylvania Environmental Defense Foundation (PEDF) has as its mission of filing frivolous lawsuits against legitimate businesses (or governments) who want to engage in sensible and safe commerce that involves natural resources. Last Friday, May 23, Pennsylvania Gov. Tom Corbett signed an executive order that continues a ban on surface drilling in PA state forests but allows drilling under a little bit more of the forests if the drillers do so from adjacent private land (see Corbett Keeps New Surface Drilling Banned in PA Forests). Two weeks before Corbett issued his executive order, the PEDF filed a motion with PA Commonwealth Court to block his executive order…
Read More “PEDF Sues to Stop Corbett Under (Not On) Forest Drilling Plan”
Chesapeake Energy | Encana Energy | Energy Companies | Industrywide Issues | Lease & Royalty Payments | Litigation | Michigan | Statewide MI

Chesapeake Says Michigan AG is Cherry Picking Emails in Case
May 28, 2014May 28, 2014

Chesapeake Energy is, much to the consternation of Michigan’s overzealous Attorney General Bill Schuette, not rolling over, playing dead, nor coughing up big bucks in payoff money over alleged “collusion” to suppress auction prices for gas leases (see Michigan AG Continues Case Against Chesapeake for Lease Collusion). The case Michigan has built hinges on arguably illegally-obtained internal emails from Chesapeake, obtained by the Reuters news service under a still-unaccounted for method (see Did Reuters Break the Law with Latest Chesapeake Story?). Chesapeake says AG Schuette is, in essence, cherry picking and disclosing a few emails to cast the company in a bad light…
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Allegheny County | Anti-Drilling/Fossil Fuel | Industrywide Issues | Litigation | Pennsylvania

Non-Profit Law Firm Forms to Litigate Against Marcellus Industry
May 20, 2014May 20, 2014

Well, look at this. Using an $800,000 grant from anti-drilling Mamma Teresa Heinz Kerry and her Heinz Endowments, a new ambulance-chasing, non-profit law firm called Fair Shake is setting up shop in Pittsburgh. It’s purpose is to find people of “modest means” to offer free legal advice if those people believe they’ve been harmed “environmentally”–whatever that means. Translation: they’re setting up shop to litigate against the Marcellus Shale industry. But they’ll also go up against “big coal” or anyone else that produces those evil, nasty fossil fuels…
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Energy Companies | Forced Pooling | Hilcorp Energy | Industrywide Issues | Lawrence County | Litigation | Pennsylvania

Hilcorp Lawrence County, PA Forced Pooling Case Update
May 19, 2014May 19, 2014

Today we give you an update about the ongoing forced pooling case by Hilcorp in Lawrence County, PA (see Hilcorp Uses PA Forced Pooling Law Against Lawrence Cty Landowner). We have new information, we break the issue down and explain it in detail, and we offer our own opinion on potential outcomes…
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Chesapeake Energy | Crime | Encana Energy | Energy Companies | Industrywide Issues | Litigation | Michigan | Statewide MI

Michigan AG Continues Case Against Chesapeake for Lease Collusion
May 19, 2014May 19, 2014

Apparently Michigan Attorney General Bill Schuette wants his pound of flesh out of Chesapeake Energy. You may recall the case of Chesapeake and Encana being accused of colluding to suppress the price of land being auctioned for drilling leases in Michigan. Reuters claimed private, internal company emails with possibly damning information somehow landed in their lap from the email fairy (see Did Reuters Break the Law with Latest Chesapeake Story?)…
Read More “Michigan AG Continues Case Against Chesapeake for Lease Collusion”
Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA | Taxation

Act 13 Goes Back to Lower Court, Disturbing Comments from Judge
May 15, 2014May 15, 2014

Yesterday the seven selfish townships who sued to overturn Pennsylvania’s Act 13 oil and gas law–and won (before the PA Supreme Court)–were back in the lower appellate court at the direction of the Supreme Court, arguing some of the fine points in their attempts to drive the last nail in the coffin to bury Act 13 (see Act 13 Case Goes Back to Court, Drillers Petition to Join Lawsuit)…
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