Litigation

Anti-Drilling/Fossil Fuel | Industrywide Issues | Landfills | Litigation | Pennsylvania | Research | Statewide PA | Wastewater

Delaware Riverkeeper Wins Right to Get Half-Baked Radiation Data
July 18, 2014July 18, 2014

In January 2013 the Pennsylvania Dept. of Environmental Protection (DEP) announced they would study the issue of radiation levels in shale oil and gas waste (see PA DEP Announces New Study of Radiation in Shale Drilling). The study would take an estimated 12-14 months. That time has come and gone. The DEP is finished with its data collection–but not quite done with analyzing, verifying and (eventually) publishing the results. Not good enough for the Delaware Riverkeeper (the eccentric Maya van Rossum, see Delaware Riverkeeper Network (DRN) Gets a French Kiss from Phila. Inquirer). The litigious van Rossum via her DRN filed an appeal to get her hands on the preliminary/unsubstantiated/unvetted data collected by the DEP–and she won…
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Housing | Industrywide Issues | Litigation | Pennsylvania | Regulation | Washington County

Developer Lawsuit Over Denied Marcellus Boarding House Project
July 17, 2014July 17, 2014

As MDN told you a month ago, Washington, PA City Council would rather have a long-abandoned eyesore and former convent stay that way rather than have it improved and used as housing for Marcellus Shale workers (see Washington, PA Votes to Reject Marcellus Boarding House). The developer of the property is not taking City Council’s “no” answer lying down in the gutter, like those who hang around the abandoned convent. Lawyers for the developer have filed a lawsuit to force the issue…
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Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Norse Energy | Regulation | Statewide NY

JLCNY Says Appeal of Article 78 Lawsuit Decision is “Very Likely”
July 16, 2014July 16, 2014

New Yorkers continue to react to the dismissal of a court case brought by the 70,000-member Joint Landowners Coalition of New York (JLCNY) and Norse Energy against state officials to force them to release six-year-delayed fracking regulations (see NY Pro-Drillers Lose 2nd Important Shale Drilling Court Case). Below we have reaction from the JLCNY, which says it’s “very likely” to appeal the ruling from the lower NY court in Albany County, along with copies of the court decisions…
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Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Norse Energy | Regulation | Statewide NY

NY Pro-Drillers Lose 2nd Important Shale Drilling Court Case
July 15, 2014July 15, 2014

Yet another defeat for shale drilling in anti-drilling New York. First, the most important case that will hamper drilling in the Empire State was lost just a few weeks ago (see Shale Drilling in NY is Over – High Court Upholds Town Bans). Yesterday, a lower court decided to toss out the “Article 78” lawsuit brought by the 70,000-member Joint Landowners Coalition of New York and Norse Energy against Gov. Andy Cuomo, DEC Sec. Joe Martens, and former Dept. of Health Sec. Nirav Shah (see D-Day: JLCNY Files Lawsuit Today Against Cuomo, Martens, Shah). The Article 78 lawsuit would have forced them to finally release new drilling rules as they are obviously colluding to stop the release. Other states take two years or less to review and allow shale drilling (see today’s story about North Carolina). It’s been over six years in New York, and with this decision, there is literally no end in sight…
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Anti-Drilling/Fossil Fuel | Industrywide Issues | Litigation | Pennsylvania | Statewide PA

Anti-Drilling Group Sues PA over Budget and $ from State Leases
July 14, 2014July 14, 2014

The litigious anti-drilling group Pennsylvania Environmental Defense Foundation (PEDF) waited all of about two hours after PA Gov. Tom Corbett signed the 2014 PA budget before filing a lawsuit to prevent the use of money from leasing more state forestland and parks for drilling under (not on). Gov. Corbett originally requested $75 million in new revenue from the effort. As we pointed out, that $75M represents exactly 0.00255 of the budget (see PA Dems: No Leg to Stand on Criticizing $75M Forest Drilling Plan). In other words, a rounding error. Never mind that Ed “fast Eddie” Rendell sold $444 million worth of leases that drill on as well as under, when he was governor. House and Senate Republicans upped the number to $95M and Corbett signed the budget, so the PEDF is trying to make legal mischief, once again…
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Energy Companies | Industrywide Issues | Litigation | Lycoming County | Pennsylvania | Wastewater | XTO

XTO Seeks Documents to Prove PA AG Kane Targeted Company
July 11, 2014July 11, 2014

It was obvious from the beginning when Kathleen Kane was elected as Pennsylvania’s Attorney General in 2012 that she had a huge Marcellus Shale chip on her shoulder and that she would go after the drilling industry (see Will New PA AG Go After the Marcellus Drilling Industry?). She’s done just that–targeting the shale drilling industry in several high profile cases. One of those cases–a three-year old accidental spill by XTO in Lycoming County, PA–she reopened after it had been closed. Why? To make an example of XTO (see PA AG Abuses Her Authority, Files Criminal Charges Against XTO). That case is back in the news with a new twist…
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Industrywide Issues | Lease & Royalty Payments | Litigation | Pennsylvania | Statewide PA

Court: PA’s Landlord & Tenant Act Doesn’t Apply to Oil/Gas Leases
July 11, 2014July 11, 2014

A Pennsylvania landowner signed an oil and gas lease on 98 acres and later sold part of that acreage to someone else. The someone else promptly filed a “quiet title action” making the argument that the lease is invalid because of the Landlord and Tenant Act of 1951. The quiet title action put a cloud on the title to the property and the whole thing ended up in court. PA Superior Court recently ruled that “no,” the lease is not invalid and not under the purview of the Landlord and Tenant Act. Our friends at top law firm Babst Calland break it down for us…
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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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