Litigation

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”
Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA | Taxation

Dangerous Economic Road Ahead for PA if Shale Economy is Topedoed
April 2, 2014April 2, 2014

In a letter to the editor published (amazingly) in the Pittsburgh Post-Gazette, Consumer Energy Alliance Mid-Atlantic executive director Mike Butler points out, in just a few paragraphs, the grave danger now hovering over Pennsylvania because of the PA Supreme Court’s poor decision to side with seven selfish towns to overturn important and large portions of the Act 13 law, and in danger from PA Democrats who want to stop all future Marcellus drilling in the state with an ongoing moratorium.

Pennsylvania is at a crossroads and if her citizens choose poorly in the next election, they risk plunging the state into an economic disaster, as eloquently pointed out by Mr. Butler:
Read More “Dangerous Economic Road Ahead for PA if Shale Economy is Topedoed”
Anti-Drilling/Fossil Fuel | Coterra Energy (Cabot O&G) | Energy Companies | Industrywide Issues | Litigation | Pennsylvania | Susquehanna County

Judge Lets PA Anti-Driller Sip More Lattes, Attorney Claims “Big Win”
March 31, 2014March 31, 2014

Last Monday a little known anti-driller with a potty mouth from northeast PA–Vera Scroggins–had her day in court. You may recall that Vera had repeatedly trespassed on drilling sites owned by Cabot Oil & Gas in Susquehanna County and a judge slapped her with a restraining order last year. Vera said the court order prevented her from sipping lattes at the local Price Chopper grocery store (land leased by Cabot) so she got herself a lawyer from the American Civil Liberties Union and asked the judge to reconsider (see PA Anti-Drilling Activist Asks Court to Lift Cabot Restraining Order). Cabot had no objections as long as she’s still barred from active drill sites and Cabot offices. So the judge, late last week, did just that–he tweaked the restraining order to allow Vera to go sip her lattes, but nothing else has changed. That is, she’s still barred from trespassing on active drill sites and Cabot office property.

One of Vera’s attorneys claims the judge’s decision is a “big win.” Er, OK. Whatever. What Vera actually won was exactly nothing, except another 5 minutes of “fame” in local media around Montrose–population 1,617…
Read More “Judge Lets PA Anti-Driller Sip More Lattes, Attorney Claims “Big Win””
Energy Services | Industrywide Issues | Litigation | Lycoming County | Pennsylvania | Pipelines | PVR Midstream

ULS Says PVR Marcellus Bankrupted Their Company by Not Paying
March 28, 2014March 28, 2014

Utility Line Services Inc. (ULS), a company that does construction work for utility companies–like digging trenches and laying pipeline–is suing PVR Marcellus Gas Gathering in a Delaware County, PA court. ULS says PVR owes them more than $17.7 million in unpaid invoices and another $7.8 million in lost profits. The lawsuit stems from work done by ULS for PVR in laying 17 miles of pipeline in Lycoming County. Like all lawsuits, this one is a bit complicated, but essentially ULS says PVR slowed and then stopped payments, even though the pipeline was completed and gas now flows through it.

Both companies are pointing the finger at the other saying the other company was responsible for obtaining certain permits, and lack of those permits caused delays and increased costs in overtime and project overruns. Unfortunately PVR’s lack of payments to ULS has bankrupted ULS. They’ve closed their doors, laid off 600 workers and sold their equipment at auction. Not a happy ending. Here’s the story behind the lawsuit just getting under way and expected to run for at least three weeks in Delaware County Common Pleas Court…
Read More “ULS Says PVR Marcellus Bankrupted Their Company by Not Paying”
Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Norse Energy | Regulation | Statewide NY

NY Update: Norse/JLCNY Lawsuit Hearing Date Set for April 25
March 26, 2014March 26, 2014

Sadly, politics in New York State have become so corrupt that even the State Attorney General, Eric Schneiderman, actively works against the interests of the people he’s sworn to protect–the citizens of New York State. Late last year Norse Energy sued Gov. Andrew Cuomo, DEC Commissioner Joe Martens and State Health Commissioner Nirav Shah over their collusion to stop shale drilling in the state (see Norse Energy Sues Gov. Cuomo to Force Release of Fracking Regs). Later, the 70,000-member Joint Landowners Coalition of New York joined that lawsuit (see D-Day: JLCNY Files Lawsuit Today Against Cuomo, Martens, Shah).

How has AG Schneiderman reacted? By filing to dismiss the lawsuits and delay (see NY Attorney General Files to Dismiss Norse Lawsuit, More Delays). It’s utterly shameful. The lawsuit was scheduled for a hearing first in January, then moved to February, then March, and now April. It appears Norse and the JLCNY, whose cases are now tied together, will finally get a hearing at the end of April–on the 25th…
Read More “NY Update: Norse/JLCNY Lawsuit Hearing Date Set for April 25”
Boardwalk Pipeline Partners | Energy Services | Industrywide Issues | Litigation | Pipelines | Regulation | Williams

Judge Rules Bluegrass Pipeline Cannot Use Eminent Domain in KY
March 26, 2014March 26, 2014

On Monday MDN brought you the news that the Kentucky House had voted to strip the right to use eminent domain from natural gas liquids pipelines (see Kentucky House Votes to End Eminent Domain for Bluegrass Pipeline). An alert MDN reader predicted the measure wouldn’t get signed into law because the KY Senate president said with only 10 days left in this session, it’s not likely to come up for a vote in the Senate (see Bluegrass Pipeline bill passes House).

Looks like it won’t matter what the KY legislature does. Last December a lawsuit was filed by a group calling itself KURE (Kentuckians United to Restrain Eminent Domain), to prevent the Bluegrass Pipeline from using eminent domain in the Bluegrass state (see Bluegrass NGL Pipeline’s Eminent Domain Challenged in KY Court). Yesterday Franklin Circuit Judge Phillip J. Shepherd ruled in KURE’s favor and said the Bluegrass cannot use eminent domain to force landowners to allow the pipeline to be buried under their property…
Read More “Judge Rules Bluegrass Pipeline Cannot Use Eminent Domain in KY”
Crime | Industrywide Issues | Litigation | Mahoning County | Ohio | Wastewater

Ben Lupo Admits Guilt in OH Frack Wastewater Dumping, Prison Next?
March 25, 2014March 25, 2014

Last week MDN speculated that Ben Lupo, the business owner of a trucking company who instructed an employee to repeatedly dump frack wastewater down a drain that emptied into the Mahoning River near Youngstown, OH, would change his plea from not guilty to guilty (see Youngstown Wastewater Dumping Case Nears End, Lupo to Plead Guilty?).

Indeed, Lupo did change his plea yesterday in a federal court in Cleveland…
Read More “Ben Lupo Admits Guilt in OH Frack Wastewater Dumping, Prison Next?”
Anti-Drilling/Fossil Fuel | Coterra Energy (Cabot O&G) | Energy Companies | Industrywide Issues | Litigation | Pennsylvania | Susquehanna County

PA Anti-Drilling Activist Asks Court to Lift Cabot Restraining Order
March 25, 2014March 25, 2014

Vera Scroggins, a local and outside NEPA a little-known anti-driller in Susquehanna County with a potty mouth (see this video of her harassing filmmaker Phelim McAleer), had her day in a Montrose, PA court yesterday in which she and her commie-lib ACLU lawyers tried to get a restraining order lifted. Vera, according to Cabot Oil & Gas, repeatedly violated no trespassing requests from the company. She would show up at Cabot drill sites playing tour guide to obtuse politicians from New York City and on occasion even Hollywood celebrities (like Susan Sarandon), pretending the drill sites and compressor plants she showed them are somehow harming the environment. Cabot repeatedly told Vera to please stop entering roadways and drill sites as a safety precaution. She wouldn’t listen, so Cabot was forced to turn to the local Susquehanna County Court for help (see NE PA Anti-Driller Slapped with Trespassing Injunction)…
Read More “PA Anti-Drilling Activist Asks Court to Lift Cabot Restraining Order”
Energy Companies | Forced Pooling | Hilcorp Energy | Industrywide Issues | Lawrence County | Litigation | Pennsylvania | Regulation

Hilcorp Forced Pooling Hearing Postponed, More Landowners Added
March 24, 2014March 24, 2014

MDN previously told you about Hilcorp’s lawsuit to force some hold-out landowners in Lawrence County, PA to allow drilling under their land–a concept called forced pooling. The PA Dept. of Environmental Protection (DEP) and the PA courts treated it like a hot potato. The courts finally told the DEP that they (the DEP) would need to decide the matter. So the DEP had set aside two days this week to conduct public hearings in New Castle (see Forced Pooling Circus (ie Hearing) Coming to Lawrence County, PA).

However, the circus/hearing scheduled for this week has been postponed. No new date has been announced. The DEP and Hilcorp both wanted the delay offering the explanation that they need more time, “to provide more complete notice to potentially affected people.” Apparently some landowners haven’t yet been served notice that they will be affected–forced–to be part of a Hilcorp drilling unit, and both Hilcorp and the DEP want them to know it before the public hearing commences. Seems like the forced pooling in Lawrence issue keeps getting better and better (not)…
Read More “Hilcorp Forced Pooling Hearing Postponed, More Landowners Added”