Litigation

American Energy Partners | Energy Companies | Industrywide Issues | Litigation | Ohio | Statewide OH

McClendon Gets Sued in OH Over New Company’s Name
September 3, 2013September 3, 2013

It’s no secret that coal has taken a beating from abundant, cheap shale gas. Natural gas burns cleaner than coal–there’s just no disputing that fact. And because of it, natural gas has displaced coal at a number of electrical generating plants around the country. However, coal remains a very important fossil fuel that powers much (in fact most) of American electricity. So it’s no surprise that the owner of a number of Ohio coal mines is a bit miffed with Aubrey McClendon.

Robert Murray operates a coal mine near Beallsville (Monroe County), OH under the name American Energy Corp. Aubrey McClendon named his new shale oil & gas company American Energy Partners. Murray is miffed enough with McClendon to sue him for misappropriation of the name American Energy. He believes McClendon has intentionally tried to confuse the marketplace…
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Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Norse Energy | Regulation | Statewide NY

Norse Energy 2Q13: Concerned About Remaining ‘a Going Concern’
August 30, 2013August 30, 2013

MDN told you a few days ago about the sad state of affairs at Norse Energy (see Norse Can’t Dump NY Leases at Auction, Creditors Get Ready to Sue). The company released their second quarter update today (full copy embedded below). The update is based on the assumption the company will remain “a going concern.” They state that if they can’t sell their 130,000 acres of New York leases at a decent price, they’ll have to turn the lights off and walk away. The company is currently under bankruptcy protection and has been ordered to sell their last remaining asset–the leases.

One item from the 2Q13 update that caught our attention is that a group of approximately 60 landowners with a collective 6,000 acres are suing Norse to end their leases. Norse had invoked force majeure on the leases–a legal maneuver that states, roughly, “due to a circumstance beyond our control we’re extending the original lease term.” Of course the unforeseen circumstance is the now 5+ year moratorium on drilling in New York. If Norse starts losing already-signed leases left and right, they’ll have no assets left to sell at auction, so they are vigorously fighting the action by the landowners…
Read More “Norse Energy 2Q13: Concerned About Remaining ‘a Going Concern’”
Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

BREAKING: NY Court of Appeals will Hear Dryden/Middlefield Case
August 29, 2013August 29, 2013

Important and breaking news as MDN gets published… The New York Court of Appeals (our state’s highest court) has decided to review a lower court ruling on the Dryden and Middlefield cases in which townships banned shale drilling and fracking for everyone in the town. This is fantastic news for New York landowners. We will have more analysis tomorrow. In the meantime, here’s a statement issued by the Joint Landowners Coalition of New York:
Read More “BREAKING: NY Court of Appeals will Hear Dryden/Middlefield Case”
Energy Companies | Industrywide Issues | Litigation | New York | Norse Energy | Statewide NY

Norse Can’t Dump NY Leases at Auction, Creditors Get Ready to Sue
August 28, 2013August 30, 2013

Norse Energy, the little energy that ultimately couldn’t (drill, because of Andrew Cuomo), bet big on New York State. It was the wrong bet. Norse holds 130,000 acres of leases in New York and literally bet the company’s future on New York’s willingness to allow fracking. The company lost the bet when they went into bankruptcy last year and finally had to put the only assets they had left on the auction block–130K leased acres–earlier this year (see Bankrupt Norse Energy to Sell NY Leases – Who Will Want Them?). As we stated at the time, who would be willing to purchase the Norse leases with a) Cuomo still not decided on whether drilling can happen in NY, and b) the courts still not decided about whether towns can ban drilling. Our answer: no one will be willing.

Norse has confirmed our logical deduction. The company issued a short statement yesterday stating they received a few low-ball bids for the leases, but the bid amounts are not near enough to satisfy creditors left holding the bag. Those creditors are now looking at filing lawsuits against Norse and its management…
Read More “Norse Can’t Dump NY Leases at Auction, Creditors Get Ready to Sue”
Chevron | Energy Companies | Fayette County | Industrywide Issues | Litigation | Pennsylvania | Statewide PA

Chevron Wins Right to Build Freshwater Pond for Fracking in PA
August 27, 2013August 27, 2013

Last week the Pennsylvania Superior Court upheld a lower court ruling in favor of Marcellus Shale driller Chevron, declaring that Chevron has the right to construct a pond (“impoundment”) to hold fresh water used for fracking. The landowners in question (Mr. & Mrs. Humberston) did not want the pond constructed on 11 acres of their land but since the lease they signed did not specifically limit it, and since having lots of fresh water to frack with is a requirement for drilling (a reasonable expectation), the court ruled Chevron was within its rights to construct the pond…
Read More “Chevron Wins Right to Build Freshwater Pond for Fracking in PA”
Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

Should the Full 7-Member PA Supreme Court Re-Hear Act 13 Case?
August 19, 2013August 19, 2013

The PA townships that sued the State of Pennsylvania last year over a section of the new Act 13 law that prevents towns from slapping their own zoning requirements on top of a uniform state zoning standard sense they may have won at the state Supreme Court level (which will allow them to zone) and are arguing against having oral arguments re-heard by all seven justices.

The original case–arguably one of the most important to come before the state Supreme Court in a long time–was originally heard by seven justices last fall–but one of the seven has since resigned due to campaign fundraising irregularities. The six justices remaining are three Democrats and three Republicans. Court watchers predict the Act 13 case decision will break down along party lines. If it’s a split decision at the Supreme Court level, the lower court ruling which favors the towns will stand. So the towns are arguing they don’t want the case re-heard by a full panel, now that a seventh justice (a Republican) has just taken the bench.
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Industrywide Issues | Litigation | Pennsylvania | Statewide PA

PA Court: Preparing to Drill Locks Up All Land in a “Unit”
August 19, 2013August 19, 2013

PA landowners listen up: If your gas/oil lease is near the end of its term with no drilling and you looking forward to signing a new lease, you may have a problem. If the driller holding the lease decides to do work in preparation for drilling on your neighbor’s property, you’re locked in too if your land is part of the drilling “unit.” According to a court case recently decided in PA, if a driller prepares to drill (which may be as little as moving around some dirt, depending on the language in the lease), the obligations of the lease are then fulfilled and all land in that unit is locked in–even if actual drilling doesn’t happen for a long time.

In legalese it’s called the habendum clause…
Read More “PA Court: Preparing to Drill Locks Up All Land in a “Unit””
Energy Companies | Industrywide Issues | Litigation | Pennsylvania | Range Resources Corp | Washington County

Bombshell Disclosure in “Final” Document of Hallowich Court Case
August 13, 2013August 13, 2013

Two weeks ago, MDN told you the final document in the long, drawn-out affair known as “the Hallowich family” court case had been released (see Last Document Released in Hallowich v Range $750K Settlement). We were wrong.

Yesterday, the final final (pinky swear) last document was finally finally released. Until the next one comes along… Yesterday’s document was the confidential settlement agreement (embedded below). It contains a bombshell surprise…
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Bradford County | Chesapeake Energy | Energy Companies | Industrywide Issues | Lease & Royalty Payments | Litigation | Pennsylvania

Bradford County, PA Landowners Sue Chesapeake over Royalties
August 13, 2013August 13, 2013

About a month ago, MDN told you that a couple of Scranton-area lawyers were looking for landowners with Chesapeake Energy leases who believe they’re getting the short end of the royalty stick, to participate in a class action lawsuit against Chessy (see Some PA Landowners Mull Decision to Sue Chesapeake over Royalties). At issue is how royalties are calculated–what is considered to be a post-production cost. Some landowners say Chessy is claiming too many expenses and in the process shorting payments to them.

Some landowners in Bradford County, PA have decided to join the lawsuit:
Read More “Bradford County, PA Landowners Sue Chesapeake over Royalties”
Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

New Twist in PA Act 13 Case: Motion to Re-Hear Oral Arguments
August 8, 2013August 8, 2013

A new twist in the ongoing court battle over Pennsylvania’s still relatively new Act 13 Marcellus Shale drilling law. A court case has been before the PA Supreme Court since last year challenging provisions in the new law to replace local zoning of oil and gas drilling with a uniform, statewide standard. As MDN told you a few weeks ago, it appears the newly sworn-in seventh justice on the PA Supreme Court will not participate in the decision, leaving a split 3-3 decision a likely outcome (see PA Problem: Act 13 Zoning Case to be Decided by 6 Supremes, Not 7). Split decisions are not good for anyone, and a split decision in this case would leave the lower court rulings stand, gutting part of the Act 13 law.

The new twist: On Tuesday, the PA state Public Utility Commission (PUC) and the Dept. of Environmental Protection (DEP) filed a joint request that the entire seven-member court re-hear oral arguments in the case so the entire court can make a decision and finally lay this thing to rest, one way or the other. The towns that brought the lawsuit in the first place are objecting because they think they have a better chance at winning with a six-justice panel–a split decision means they win. Are the towns trying to cheat justice?…
Read More “New Twist in PA Act 13 Case: Motion to Re-Hear Oral Arguments”
Broome County | Chesapeake Energy | Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY | Tioga County (NY)

Chesapeake Energy Throws in the Towel on NY Shale Drilling
August 7, 2013August 7, 2013

A good news/bad news story. The good news is that Chesapeake Energy is giving up the legal fight with landowners in New York to extend their leases beyond the original lease term. MDN has long chronicled the fight on the part of landowners to stop Chesapeake from claiming force majeure to extend leases signed for (in some cases) just a few dollars per acre–leases signed long before horizontal drilling and fracking were contemplated (see More on the NY Force Majeure Ruling Against Chesapeake). After two years of legal wrangling, Chesapeake is throwing in the towel. Landowners will now be able to sign with another company, if drilling ever comes to NY.

The bad news is, Chesapeake is throwing in the towel–as in they are giving up on NY–tired of the ongoing five-year moratorium in shale drilling. Wake up Cuomo! Your actions have caused this! You are causing direct economic harm to your residents every day the moratorium stays in place…
Read More “Chesapeake Energy Throws in the Towel on NY Shale Drilling”
Energy Companies | Energy Services | Industrywide Issues | Litigation | MarkWest Energy | Pennsylvania | Pipelines | Range Resources Corp | Washington County

Washington County, PA Judge Continues Anti-Drilling Decisions
August 7, 2013

What if a county judge’s wife was an anti-drilling activist–so motivated by her fervor she knocks on area residents’ doors to ask for their signature on petitions to ban drilling. Do you think that might affect the objectivity of said judge? And what if that judge repeatedly rules against gas drillers in case after case? Do you think that might be evidence that said judge is not capable of setting aside his own bias? Yeah, we would think so too–and such is the case with Washington County, PA judge John DiSalle.

Earlier this year, Judge DiSalle blocked Range Resources from obtaining two permits to drill wells in Robinson Township (see Judge Refuses to Recuse Himself from Range v Robinson Twp Case). Judge DiSalle is back–this time on a different case. DiSalle is now refusing to allow Range and MarkWest Energy to build a compressor station in Cecil Township. See a trend here? Range and MarkWest are appealing DiSalle’s latest anti-drilling ruling to the PA Commonwealth Court…
Read More “Washington County, PA Judge Continues Anti-Drilling Decisions”
Energy Companies | Industrywide Issues | Litigation | Pennsylvania | Range Resources Corp | Washington County

Range Resources Backpedals on Gag Order for Hallowich Children
August 7, 2013August 7, 2013

Last week MDN told you about the “final document” to be released in a previously sealed court case in Washington County, PA (see Last Document Released in Hallowich v Range $750K Settlement). The document was a transcript of a court hearing where the Hallowiches, their attorney and attorneys for Range and MarkWest discussed the non-disclosure “gag order” agreement being signed by the Hallowiches. The agreement binds the Hallowiches from ever talking publicly about the case for which they received a $750,000 settlement.

The funky part is, it appears the agreement signed by the Hallowich parents would also bind their children from ever talking about fracking and drilling in public too. Even the judge in the case admitted the agreement seemed to do just that, saying it would be “a law school question.” In a new twist in the case, lawyers for Range now say the gag order does not apply to the children, although previously they said it would apply and that they would “certainly” enforce it…
Read More “Range Resources Backpedals on Gag Order for Hallowich Children”
Allegheny County | Energy Companies | EQT Corp | Forced Pooling | Industrywide Issues | Litigation | Pennsylvania | Statewide PA

Bad News: EQT Sues 70 Landowners Using New PA Forced Pooling Law
August 1, 2013

The recently signed Pennsylvania Royalty Bill SB259 provides extra transparency for landowners in how royalties are calculated, but it also introduces forced pooling for some landowners with old, pre-Marcellus leases (see PA Gov Corbett Signs Back-Door Forced Pooling Bill into Law). As MDN and landowner groups like the National Association of Royalty Owners (NARO) feared, this legislation is now being used against landowners. Earlier this week, EQT Corp. used the new law to sue 70 landowners to force them to allow EQT to get on their land to conduct survey work for future drilling on or under the land. Bye bye negotiations. Bye bye fairness. Hello steamroller.

This lawsuit is bad news for PA landowners and bad news for pro-drilling Gov. Tom Corbett who mouthed platitudes that this type of thing would not happen when he signed it into law…
Read More “Bad News: EQT Sues 70 Landowners Using New PA Forced Pooling Law”
Energy Companies | Energy Services | Hydraulic Fracturing | Industrywide Issues | Litigation | MarkWest Energy | Pennsylvania | Range Resources Corp | Washington County | Williams

Last Document Released in Hallowich v Range $750K Settlement
August 1, 2013August 7, 2013

It’s been a long struggle for the Pittsburgh Post-Gazette and the Washington (PA) Observer-Reporter, but they finally won–if you can call it a win. Last year, both newspapers sued to have a sealed court case opened. The case involves an off-the-record settlement between the Hallowich family in Washington County, PA and Range Resources, MarkWest Energy and Williams (see Pittsburgh Newspapers Sue to Unseal Drilling Court Case). The Hallowiches claimed nearby drilling and pipeline activity threatened the health of their family–in particular their two children. Range and the other plaintiffs elected to settle, but the case and all of the documents were closed as part of the settlement. So the newspapers sued to have the record opened.

In March of this year, a different judge reviewed the case and ordered the court documents be opened (see Judge Orders Range/Landowner Settlement in PA Made Public). Anti-drillers were disappointed to learn that there were no smoking guns–no admissions or evidence of any kind that drilling activity had polluted water, air, etc. In fact, among the documents was an affidavit signed by the Hallowiches stating that drilling had not caused any adverse health impacts for their family (see Affidavit in Range PA Settlement Shows No Drilling Health Impacts). However, there was one final document not made public by the court and the newspapers kept hounding. Success at last! The final document was released this week (copy embedded below). What does it say?…
Read More “Last Document Released in Hallowich v Range $750K Settlement”
Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

PA Supreme Court to PUC: Knock Off the Zoning Reviews (for Now)
July 26, 2013July 26, 2013

Yesterday, the Pennsylvania State Supreme Court issued a ruling quashing (stopping) the state Public Utility Commission from carrying out some of its duties as specified under PA’s 2012 Marcellus Shale Act 13 law–duties tied to Act 13’s zoning provisions. It is a small and perhaps short-lived victory for the towns who had sued the PUC asking for relief from the PUC’s reviews of their zoning laws. It is a short-lived victory for the towns because the Supreme Court is due to decide on Act 13’s zoning provisions soon, so this decision is in effect until that bigger (and final) decision is made.

That’s the news. Now, to bring you up to speed on the background of this case and what yesterday’s decision means…
Read More “PA Supreme Court to PUC: Knock Off the Zoning Reviews (for Now)”