Litigation

Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Norse Energy | Regulation | Statewide NY

NY Hearing on JLCNY/Norse Lawsuit v Cuomo, Martens, Shah
April 28, 2014April 28, 2014

On Friday a lower court judge heard testimony in the “Article 78” case brought by Norse Energy and the Joint Landowners Coalition of New York (JLCNY) against Gov. Cuomo, Dept. of Environmental Conservation Commissioner Joe Martens, and State Health Commissioner Nirav Shah–to force the release of new fracking regulations. Sadly, the man who is supposed to work for the residents of New York, Attorney General Eric Schneiderman, decided instead he works for the man-child who can’t make a decision, Andy Cuomo, so he filed a motion to dismiss the Article 78 lawsuit brought by Norse and the JLCNY (see NY AG Schneiderman Files to Dismiss JLCNY Lawsuit Against Cuomo). The judge on Friday held a hearing to consider that motion. Fortunately, the motion to dismiss was not granted. Not yet anyway.

The heart of Friday’s hearing centered on the issue of, “How long is long enough?” for the state to conduct a review and release new drilling regulations. We have quotes from various sources who were there. It was obvious the judge grilled the pro-drilling side harder than the rep from the AG’s office. However, near the end (as you’ll see below), the AG rep shot herself right in the foot and perhaps tilted the chances for the lawsuit to go forward in favor of Norse/JLCNY…
Read More “NY Hearing on JLCNY/Norse Lawsuit v Cuomo, Martens, Shah”
Energy Companies | EQT Corp | Hydraulic Fracturing | Industrywide Issues | Lease & Royalty Payments | Litigation | Pennsylvania | Statewide PA

Was PA Court Decision Really an OK for Forced Pooling?
April 24, 2014April 24, 2014

Sometimes language is a funny thing. Terms come into use and and thrown around–but in different contexts they mean different things. MDN recently noticed that earlier this month EQT won a lawsuit against landowners in Allengheny County, PA. The landowners had leased their land with EQT, but we’re guessing they were old leases, done some number of years ago, because the landowners said EQT could not drill under their properties collectively–in a drilling unit. Apparently the landowners wanted EQT to drill on each individual property–or perhaps (more likely) renegotiate the old leases for better money to allow horizontal shale drilling. Bear in mind EQT and the landowners–all of them–already have contractual leases.

EQT sued (EQT Production Co. v. Opatkiewicz et al.) to “force” the landowners to allow them to do their job–drill horizontally under several properties as part of a drilling unit. The court ruled in favor of EQT (copy of the decision is embedded below) saying the landowners can’t stipulate how EQT gets the gas from leased contiguous properties. That is our essential understanding of the case. However, it’s widely being reported that the court “supported forced pooling”…
Read More “Was PA Court Decision Really an OK for Forced Pooling?”
Energy Services | Industrywide Issues | Litigation | Pennsylvania | Pipelines | Regulation | Statewide PA | Sunoco Logistics

More Pushback from PA Residents on Proposed Mariner East Pipeline
April 22, 2014April 22, 2014

As part of the good news story about the “makeover” of the Marcus Hook refinery near Philadelphia, MDN came across more details about Sunoco Logistics’ plans to potentially use eminent domain in order to lay pipeline that will bring natural gas liquids, like ethane, to Marcus Hook. You may recall a few weeks ago we told you Sunoco Logistics had made a request with the Pennsylvania Public Utility Commission (PUC) to exempt the Mariner East pipeline from local zoning regulations in building some 31 pump and valve control stations across the length of the pipeline (see Sunoco Logistics’ New Roadblock in Building Mariner East Pipeline). A court case in Washington County, PA challenged that right in light of the decision from the PA Supreme Court that grants zoning rights, even for oil and gas development, to local municipalities.

Sunoco Logistics is now being challenged in court in Chester County, questioning their right to become a “public utility corporation” with the right of eminent domain. Just to confuse the issue further, a public utility corporation is not the same thing as being a public utility in PA. However, if Sunoco Logistics is granted public utility corporation status, it means they have the right of eminent domain but are overseen by the Federal Energy Regulatory Commission and not by the PA PUC. In other words, they get the benefits of being a public utility, without the “burdens” of PA state oversight. That has some residents up in arms…
Read More “More Pushback from PA Residents on Proposed Mariner East Pipeline”
Accidents | Energy Companies | Industrywide Issues | Litigation | Lycoming County | Pennsylvania | Wastewater | XTO

Judge in XTO Criminal Spill Case Says Figure Out Your Own Charges
April 22, 2014April 22, 2014

A small development in the shameful case brought by Pennsylvania’s anti-drilling Attorney General, Kathleen Kane, against XTO Energy over a four year-old accidental spill that she’s trying to prosecute as a crime (see PA AG Abuses Her Authority, Files Criminal Charges Against XTO). XTO filed paperwork with the court to ask for more information about the charges that have been made against them. Apparently environmental cases are quite complex and you don’t always know what, exactly, you’ve been charged with!

The judge in the case has denied XTO’s request to be told what, exactly, they’re being charged with. Last Thursday Lycoming County Judge Marc Lovecchio essentially told XTO, “You figure it out”…
Read More “Judge in XTO Criminal Spill Case Says Figure Out Your Own Charges”
Endeavour Intl | Energy Companies | Industrywide Issues | Litigation | McKean County | Pennsylvania | Potter County | SM Energy

Endeavour & SM Energy Settle Lawsuit over PA Marcellus Properties
April 17, 2014April 17, 2014

In July 2011 MDN told you that independent energy company Endeavour International entered into a deal with SM Energy for 50,000 Marcellus Shale acres, three producing gas wells and a pipeline located in McKean and Potter counties in Pennsylvania. The deal was worth $110 million (see Endeavour International Buys Lease for Additional 50K Marcellus Acres & Local Pipeline in PA from SM Energy). Five months later Endeavour pulled out of the deal and SM Energy threatened to sue (see Endeavour Leaves SM Energy at the Altar, SM Ready to Sue).

SM Energy made good on its threat and for the past 2 1/2 years the deal has been tied up in court with both sides suing each other. Endeavour said there were problems with clear title to the property and that the pipeline was not up to scratch. SM said they didn’t misrepresent anything and Endeavour simply got cold feet. Lots of lawyers and legal fees ensued. Today Endeavour issued an announcement that all of the suing and counter-suing is over and both sides have now settled…
Read More “Endeavour & SM Energy Settle Lawsuit over PA Marcellus Properties”
Antero Resources | Anti-Drilling/Fossil Fuel | Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | Ohio | Statewide OH | Utica Shale

Anti-Drillers Win Minor Victory Against Muskingum Watershed Dist
April 14, 2014April 14, 2014

Last October MDN told you about a lawsuit filed by a Guernsey County, OH couple seeking to stop drilling and fracking under Seneca Lake (Ohio). The Muskingum Watershed Conservancy District (MWCD) approved a $40.3 million lease with Antero Resources to allow drilling around and under 6,400 acres, including the Seneca Lake. It’s not surprising that the odious Food & Water Watch is behind the lawsuit (see Muskingum Watershed Taken to Court by Anti-Frackers (Yawn)). Last week a Franklin County judge ruled that the lawsuit brought by Leatra Harper and her husband Steven Janstro (strong anti-drillers) can move forward.

Below is the story of their minor victory, a decision that simply means the lawsuit continues, for now. However, it brings up an important issue. Later this week the MWCD is due to sign another lease with Antero–this one for drilling around and under 6,700 at Piedmont Lake (see MWCD Close to Signing Utica Lease for Piedmont Lake, OH Property). Will this small victory at Seneca Lake embolden the odious Food & Water Watch to find sympathetic, fossil fuel-hating landowners around Piedmont to stir up yet another new lawsuit?…
Read More “Anti-Drillers Win Minor Victory Against Muskingum Watershed Dist”
Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

JLCNY Says Nirav Shah Departure Won’t Slow Down Fracking Lawsuit
April 11, 2014April 11, 2014

Ya just can’t keep good help if you only pay ’em $130,000 a year. So says the man-child who is governor of New York–Andy Cuomo. In a vainglorious attempt to spin the very bad news (for him) that his top health official has had enough of his dithering ways, Gov. Cuomo yesterday told reporters the ongoing so-called health review of new fracking rules has nothing to do with Shah’s departure. Shah is heading as far from New York as he can get, to California. Cuomo’s convinced we’re all idiots and don’t see the truth (see our article from yesterday, State Health Com. Nirav Shah has Enough of Andy Cuomo, Leaving NY).

In comments yesterday Cuomo said Shah makes $130,000 per year, when it’s actually $136,000. Like most politicians, Cuomo plays fast and loose with numbers. The health department first said Shah is leaving in June, but then Shah said no, I’m outta here on May 4th, and so the health department backpedaled, sputtered, and said well yeah, we guess it is May 4th after all. What a dysfunctional joke (that’s not very funny for the residents of NY). The Joint Landowners Coalition of New York (JLCNY) is certainly not amused. They issued a statement yesterday that their lawsuit against Shah (and/or his replacement), and Gov. Cuomo and DEC Commissioner Joe Martens will proceed full speed ahead, regardless of Shah’s departure. We hope the JLCNY continues their lawsuit against Shah all the way to California for his collusion with Cuomo and Martens to prevent drilling for the past year and a half…
Read More “JLCNY Says Nirav Shah Departure Won’t Slow Down Fracking Lawsuit”
Health Impacts | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

State Health Com. Nirav Shah has Enough of Andy Cuomo, Leaving NY
April 10, 2014April 10, 2014

Apparently Dr. Nirav Shah, State Health Commissioner in New York, is tired of being Andrew Cuomo’s tool–Andy’s whipping boy. For more than a year Cuomo has been able to hide behind an unfinished so-called public health review of proposed new fracking rules, proposed by the state’s Dept. of Environmental Conservation (DEC). In what can only be called a conspiracy, DEC Commissioner Joe Martens asked Shah for a review of the SGEIS with an eye to how shale drilling may (or may not) affect this nebulous concept called “the public health.” It’s now obvious that both Martens and Cuomo had set up Shah as the fall guy, requesting (we suspect) that Shah intentionally delay his findings. Shah has been carrying their water for more than a year now. Recently Norse Energy and the Joint Landowners Coalition of New York sued Cuomo, Martens and Shah to force them to finish the health review and release the new drilling regs (see D-Day: JLCNY Files Lawsuit Today Against Cuomo, Martens, Shah).

Yesterday Shah announced he is stepping down from his position in June. He’s had enough of this incestuous mess called New York State politics, and enough of the man-child Andy Cuomo–a pathetic politician who can’t make a decision about fracking. The reason we suspect Cuomo asked Shah to delay the results of his “health review” is because a) Shah originally said the review would be done within several weeks, which has turned into more than a year, and b) Shah is leaving to become Chief Operating Officer of the Kaiser Foundation Health Plan in southern California–at double or triple his current salary. It’s a huge promotion. You think Kaiser would hire a new COO who is inept and can’t complete a simple and straightforward health review? No way–which tells you Shah was delaying at the request of Cuomo and Martens. And he’s now had enough…
Read More “State Health Com. Nirav Shah has Enough of Andy Cuomo, Leaving NY”
Chesapeake Energy | Energy Companies | Industrywide Issues | Lease & Royalty Payments | Litigation | Pennsylvania | Statewide PA

Bad to Worse: PA Royalty Owner Asks Court for Chessy Class Action
April 9, 2014April 9, 2014

Chesapeake Energy continues to find itself under the metaphorical gun with respect to royalty payments in Pennsylvania. The PA legislature is considering a bill (HB 1684) that would plug a legal loophole and require Chesapeake and other drillers to pay landowners a 12.5% minimum royalty regardless of post-production costs (see PA NARO Alert: Tell Your State Rep to Vote YES on HB 1684). Landowners in Bradford County sued Chessy held an anti-Chesapeake rally to further express their extreme displeasure (see Bradford PA Landowner Rally over Chesapeake Royalty Shenanigans). Gov. Corbett asked PA’s anti-drilling Attorney General, Kathleen Kane, to investigate (showing how bad it’s gotten–to stoop to asking her to get involved).

And now from bad to worse: a company that owns royalty rights in PA, Scout Petroleum, claims they’ve been screwed out of royalties by Chesapeake and has asked a judge for a full refund and to force Chesapeake into arbitration and grant class-action status to the whole, festering mess…
Read More “Bad to Worse: PA Royalty Owner Asks Court for Chessy Class Action”
Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

Act 13 Case Goes Back to Court, Drillers Petition to Join Lawsuit
April 9, 2014April 9, 2014

The Marcellus Shale drilling industry in Pennsylvania is trying to make some lemonade from the truckload of lemons handed to them by the PA Supreme Court’s ill-fated decision to let seven selfish townships gut the state’s Act 13 drilling law passed in 2012. We’ve covered the issue extensively (see a list of MDN’s Act 13 articles here). Perhaps the most egregious and outrageous miscarriage of justice in the case is that the drilling industry, which is directly affected by the case, was never allowed to join the case. The courts said they didn’t have “standing”–and yet those same courts allowed the virulently anti-drilling Delaware Riverkeeper Network to be party to the case. Simply boggles the mind.

The PA Supreme’s in their “wisdom,” decided the zoning portions of the case and sent the rest of the case back to a lower court so they could finish gutting the Act 13 law. As MDN previously reported exactly a month ago, the drilling industry has, once again, respectfully requested they be allowed to join the case now that it’s in the home stretch (see Drillers Petition PA Court (Again) to Participate in Act 13 Case). While the drilling industry can’t undo what has been done by the Supreme Court, it is clear that they believe they can lessen the damage done if they win certain arguments in lower court–arguments like affirming the Public Utility Commission’s authority to review whether a zoning ordinance crosses the line and preempts state oil and gas law. In other words, the seven selfish towns may not have gotten their own selfish way after all–not entirely. The hearing on whether to allow the industry to join what’s left of the lawsuit is today…
Read More “Act 13 Case Goes Back to Court, Drillers Petition to Join Lawsuit”
Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Litigation | Ohio | Statewide OH

Anti-Frackers Win Lawsuit Against Muskingum Watershed District
April 8, 2014April 7, 2014

Last October MDN told you the anti-drilling group calling themselves the FreshWater Accountability Project (FWAP), a front group for the Washington, D.C.-based (and odious) Food & Water Watch had thrown a snit fit and sued the Muskingum Watershed Conservancy District’s (MWCD) to gain access to personal details (names, addresses, phone numbers) of people living in the watershed so FWAP and FWW could launch smear campaigns against the MWCD over their decision to sell a thimble full of water for fracking and lease some of their considerable acreage for shale drilling (see Muskingum Watershed Taken to Court by Anti-Frackers (Yawn)).

Last week the liberal Fifth District Court of Appeals granted the anti-drillers their wish: access to MWCD records along with a fine for holding back the information. Let the smear campaigns begin!…
Read More “Anti-Frackers Win Lawsuit Against Muskingum Watershed District”
Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Litigation | Ohio | Regulation | Statewide OH | Utica Shale

Litigious OH Sierra Club Sues ODNR (Again) Over Fracking
April 4, 2014April 4, 2014

Once again, the ever-litigious, fundraising Ohio Sierra Club (an organization no one should ever support with their money) has sued the Ohio Dept. of Natural Resources because the ODNR is not jumping to every Sierra Club demand to provide emails in triplicate on the topic of crafting new fracking regulations. The Sierra Club is on a fishing expedition. They think they can use language in ODNR emails in future fundraising appeals (See! See! The ODNR sent an email to Chesapeake Energy!) The ODNR is not playing along with their scam, and so the Sierra Club has launched yet another lawsuit (third time in two years). Hey, the lawyers are on staff so who cares, right?

Here’s the latest fundraising press release from the OH Sierra Club:
Read More “Litigious OH Sierra Club Sues ODNR (Again) Over Fracking”
Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

JLCNY Legal & Moral Response to NY AG’s Request to Dismiss Lawsuit
April 3, 2014April 3, 2014

Yesterday MDN told you about New York’s shameful Attorney General, Eric Schneiderman, had filed to dismiss the lawsuit brought by the 70,000-member Joint Landowners Coalition of New York that seeks to have the courts force Gov. Cuomo and his lieutenants to do their job and release new drilling regulations (see NY AG Schneiderman Files to Dismiss JLCNY Lawsuit Against Cuomo). Immediately following our publication of that article, the lead attorney for the JLCNY, Scott Kurkoski, emailed MDN two legal documents he had filed in responding to the AG’s request to dismiss.

The first document (embedded below) is the 43-page “Petitioners-Plaintiffs’ Memorandum of Law in Opposition to Motion to Dismiss”–the official response to Scneiderman’s shameful attempt to deny justice to residents of New York. It contains all of the legal reasons why the Article 78 case should move forward, and why Schneiderman’s request to dismiss should be denied. The second document (also embedded below) is a 113-page “Affirmation of Scott R. Kurkoski in Support of Petitioners-Plaintiffs’ Opposition to Respondents-Defendants’ Motion to Dismiss.” Only a lawyer can come up with a name like that! This second document is Scott essentially saying, “I’m a lawyer in this case with personal knowledge, and I support the JLCNY’s request to deny dismissing the case, and here’s why…” The first document contains the legal reasons why the case should move forward, the second document contains the moral/ethical reasons and pertinent background. Why read through a 113-page legal document?…
Read More “JLCNY Legal & Moral Response to NY AG’s Request to Dismiss Lawsuit”
Industrywide Issues | Litigation | Pennsylvania | Statewide PA | Taxation | York County

York County Park Getting $150K Upgrade Courtesy Marcellus $
April 3, 2014April 3, 2014

Even though there is no Marcellus Shale drilling in York County, PA, residents of the county will get $150,000 of improvements to a county park courtesy of Marcellus Shale drilling. MDN sees at least two or three of these kinds of stories–every week. We ignore most of them, but every now and again we bring you one of them to remind you of what the state is about to lose thanks to the “selfish seven” townships that sued the state to gut the Act 13 Marcellus drilling law–a law that provides for an impact fee that raises over $200 million per year that is distributed throughout the state–some of it in places like York County.

Here’s the story of the $150,000 upgrade coming to a York County park courtesy the drillers and landowners out of whose pockets the money comes…
Read More “York County Park Getting $150K Upgrade Courtesy Marcellus $”
Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

NY AG Schneiderman Files to Dismiss JLCNY Lawsuit Against Cuomo
April 2, 2014April 2, 2014

In early March MDN told you the sad news that New York’s own Attorney General, Eric Schneiderman, is actively working against the residents of the state of New York by filing to dismiss a lawsuit brought by Norse Energy that would force Gov. Andrew Cuomo, DEC Commissioner Joe Martens and State Health Commissioner Nirav Shah to do their jobs and release new drilling regulations (see NY Attorney General Files to Dismiss Norse Lawsuit, More Delays). The 70,000-member Joint Landowners Coalition of New York also filed an “Article 78” lawsuit, similar to the Norse lawsuit.

NGI’s Shale Daily is reporting that AG Schneiderman’s office has now filed a motion to dismiss this second lawsuit–fantastically claiming the JLCNY, which represents more than 70,000 New York landowners who want to see drilling commence, has “no standing.” Talk about chutzpah. Here’s the latest on the dysfunctional mess that is called New York State:
Read More “NY AG Schneiderman Files to Dismiss JLCNY Lawsuit Against Cuomo”
Anti-Drilling/Fossil Fuel | Athens County | Industrywide Issues | Litigation | Ohio | Wastewater

Athens County Anti-Frackers Continue to Fight Injection Well
April 2, 2014April 2, 2014

In January, MDN told you that a group of anti-drilling nutters in Athens County, OH had sued to try and stop a new, second injection well from being drilled by K&H Partners at the same site where there is currently an operational injection well (see Athens County, OH Anti-Drillers Sue to Stop New Injection Well). The Athens County Fracking Action Network (ACFAN) objected to the Ohio Dept. of Natural Resources (ODNR) decision to issue a permit for the new, second injection well.

ACFAN is continuing their legal challenge. The group has filed a new complaint against the ODNR saying the ODNR has not been forthcoming with certain public records sought by ACFAN as part of their original lawsuit. In other words, ACFAN is trying to abuse the law to slow down, delay and kill a legitimate and legal business from doing business in Athens County, OH. But then, that’s how petulant children who grow up to be petulant adults behave…
Read More “Athens County Anti-Frackers Continue to Fight Injection Well”