Litigation

Energy Companies | Hydraulic Fracturing | Industrywide Issues | Lenape Resources | Litigation | Livingston County | New York | Regulation

Lenape Appeals Ruling, Seeks to Overturn Frack Ban in Avon, NY
April 26, 2013April 26, 2013

Lenape Resources Inc., a small independent oil and gas company located in western NY, and its president John Holko, have “guts.” The Town of Avon, NY (Livingston County) where Lenape has a good portion of its operations voted last year to ban fracking. The poorly written law violates existing New York State law which says towns can’t regulate oil and gas drilling. It also was so broadly written it affects conventional/vertical drilling as well as unconventional/horizontal drilling. Lenape has used vertical fracking in Avon for decades (for background, see Fracking Ban in NY Town Closes Conventional Wells Too). Lenape shut down operations in Avon and sued to have the ban overturned.

Unfortunately, in March an “acting” judge in a lower court decision (misleadingly and quirkily called “Supreme” Court in NY) supported Avon’s illegal law (see Third NY Town Wins Court Approval to Ban Fracking). Lenape has received overwhelming support from the oil and gas industry and landowners, so they’ve decided to appeal the lower court ruling to the next level up in an effort to resolve this mess for all drillers in NY:

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Industrywide Issues | Litigation | Pennsylvania | Statewide PA | Susquehanna County

Big News: PA Supreme Court Decides Shale Mineral Rights Case
April 25, 2013April 25, 2013

The Pennsylvania Supreme Court has just ruled on a case with huge consequences for the natural gas drilling industry in the state. We won’t keep you in suspense: the ruling is favorable to the drilling industry.

In Butler v Powers, the Supreme Court justices took up the issue of whether or not natural gas rights should be part of the broader concept of “mineral rights” in PA. In most states when a deed or lease agreement is signed for mineral rights it includes natural gas as well, on the theory that the gas comes from a mineral—shale rock. But that has not been the case in PA. Going all the way back to a case in 1882, PA has had “the Dunham rule” which separates natural gas rights from the broader concept of mineral rights (for background on the Dunham rule, see the MDN article PA Supreme Court Hears Arguments in Critical O&G Case).

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Anti-Drilling/Fossil Fuel | Broome County | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation

Sanford Rescinds No Frackspeak at Meetings, Lawsuit Dropped
April 19, 2013April 19, 2013

MDN previously told you the story of Sanford (Broome County), NY town officials who had grown tired of the ceaseless, endless droning of anti-drilling wackos at every single town meeting. In Sept. 2012, Sanford town officials voted to forbid frackspeak (pro or anti) at future town meetings so they could actually get town business done instead. Big mistake—never deny a wacko time to vent. Sanford’s action to “limit free speech” precipitated a lawsuit by the National Resources Defense Council and Catskill Citizens for (So-Called) Safe Energy (see NRDC & CCSE Sue Sanford, NY over No-Frackspeak Resolution).

Update: In light of the deep-pockets lawsuit by these well-funded (with out-of-state money) organizations, Sanford has reversed course and rescinded its ban on frackspeak. The lawsuit has now been dropped by NRDC and CCSE. Cue music to “Send in the clowns“…

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Energy Companies | Health Impacts | Industrywide Issues | Litigation | Pennsylvania | Range Resources Corp | Washington County

Pittsburgh Newspapers Not Ready to Concede Defeat in Range Case
April 5, 2013April 5, 2013

The Pittsburgh Post-Gazette and the Washington, PA Observer-Reporter are not quite ready to throw in the towel on what increasingly looks like a vendetta against Range Resources. The two newspapers sued in May 2012 to have court documents unsealed in a settlement between Range and the Hallowich family in Washington County, PA (see Pittsburgh Newspapers Sue to Unseal Drilling Court Case). The newspapers were hoping to find evidence that Range had covered up a case where their drilling (fracking) had led to contamination of the Hallowich’s water well, or perhaps had adversely affected their health. A judge recently unsealed the court documents and guess what? No evidence of water contamination (see Judge Orders Range/Landowner Settlement in PA Made Public).

Not only was there no water contamination, the Hallowich’s signed an affidavit stating there has been no ill health effects as well (see Affidavit in Range PA Settlement Shows No Drilling Health Impacts). Oops. Major egg on the face of the newspapers. Or using a different metaphor, they went fishing and didn’t even get a bite. What to do? We know! Gin up a false controversy that there’s still a missing document from the the mountains of documents the court released. Yeah, that’ll be worth a few more headlines and copies sold. After all, we have to somehow help pay for the lawyers and time we burned on this effort…

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Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | Marion County | West Virginia | XTO

District Court Judge Asks WV Supremes to Rule in Surface Rights Case
April 4, 2013April 4, 2013

Waaaay back in July 2011 MDN told you about an interesting legal case in West Virginia in which a surface rights landowner was suing XTO because XTO is (in the opinion of the landowner) abusing the right to set up a well pad on his surface in order to get gas not only under the surface of his property, but also from his neighbors’ property (see WV Marcellus Legal Battle over Well Pads: Surface Rights Owners v. Mineral Rights Owners). The surface landowner, Richard Cain, acknowledges law and precedent allows XTO to set up a well on his land in order to get the gas under his land—but Cain maintains XTO isn’t really all that interested in getting it from under his land, but simply wants to use his convenient location to reach other nearby properties. Cain gets all of the headaches and none of the royalty money. Kind of a raw deal, from his perspective. Can’t blame him.

There is a new development in the case. The judge presiding over the case, U.S. District Judge Irene Keeley, has formally asked the WV Supreme Court to rule on the key question in the case since it will set a precedent (and has far-reaching consequences) for the entire state…

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

PA Supreme Court Resignation Affects Act 13 Zoning Decision
March 26, 2013March 26, 2013

Landowners and drillers have been waiting since last year for the results of a case before the Pennsylvania Supreme Court. Early last year the PA legislature passed the most sweeping new oil and gas drilling regulations in decades, called Act 13. Part of Act 13 replaces a crazy quilt patchwork of local zoning regulations with a set of uniform state zoning regulations. Towns didn’t like being told they can no longer fiddle with where a well can and can’t be drilled in their borders, so just over one year ago they sued (see Lawsuit Filed: PA Towns Sue State over Marcellus Act 13 Law).

Lower courts ruled in favor of the towns, striking down the zoning provisions of Act 13. The state appealed (and expedited) the rulings all the way to the state Supreme Court. The Supremes heard arguments in October (see PA Supreme Court Hears Testimony on Act 13 Zoning). Since then? We’ve waited for their decision on this vitally important case. Now we have a new wrinkle. One of the Supreme Court justices, Joan Orie Melvin, is being removed from office following conviction for a minor offense (she used state staffers and office space to assist her campaign for the high court). That leaves six justices, and a 3-3 decision is no good, and a real possibility…

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Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

JLCNY Begins Fundraising for Lawsuit Against NY for “Takings”
March 26, 2013March 26, 2013

The 77,000 member Joint Landowners Coalition of New York (JLCNY) is kicking their lawsuit against the state into high gear and asking for donations to help fund litigation. You may recall MDN interviewed Scott Kurkoski, lead attorney for the JLCNY, about their plans to sue New York for “takings” back in February (see video and transcript here: 77K NY Landowners Prepare Lawsuit Against DEC). Since that time, the JLCNY has finalized their plans, all the while hoping New York would change course at the last minute. They finally, reluctantly decided the clock has run out (see JLCNY Loses Faith in Cuomo, Initiates Lawsuit over Fracking Rules).

The lawsuit groundwork is ready. What’s needed now are several good plaintiffs—and money. Hence the fundraising appeal issued yesterday:

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Energy Companies | Industrywide Issues | Litigation | Pennsylvania | Range Resources Corp | Washington County

Affidavit in Range PA Settlement Shows No Drilling Health Impacts
March 25, 2013March 25, 2013

There was a bit of media buzz last week when a sealed court case between Range Resources and the Hallowich family was unsealed at the litigated insistence of the Pittsburgh Post-Gazette and Washington Observer-Reporter (see Judge Orders Range/Landowner Settlement in PA Made Public). The headlines about the payout from Range to the Hallowich’s ($750,000) implied and continue to imply there was a cover up—that Range had somehow contaminated water by fracking and affected the health of the Hallowich’s and their children.

Problem is, it’s not true. The Hallowich’s signed an affidavit—a court document—in July 2011 stating neither their health nor the health of their children has been negatively affected by drilling (see the signed affidavit below). Which, of course, has led to a lot of frowny faces at the P-G and O-R.

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Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

Town Frack Ban Cases Heard in NY Supreme Court Appellate Division
March 22, 2013March 22, 2013

Yesterday, what happened in an Albany, NY courtroom was very important for all New York landowners. Four judges from the New York State Court Appellate Division heard the appeal of one driller and one landowner against two New York towns—Dryden and Middlefield—that have voted to permanently ban fracking within their borders, exercising what they call “home rule” (see Important Developments in NY Fracking Ban Court Cases for background on the two cases). According to a 1981 state law, towns are specifically prohibited from regulating oil and gas activities. The two cases hinge on whether or not “to ban” is “to regulate.”

Lawyers for the towns argued that precedent allows them to determine land use in their borders—they’re not trying to say how drilling should be done, they’re saying whether it should be done, so that’s not regulating. Lawyers for Norse Energy (suing Dryden) and dairy farmer Jennifer Huntington (suing Middlefield) argued the ban violates state law and the land use case cited as precedent by the town’s lawyers (allowing towns to prohibit gravel mining) is vastly different from mining natural gas and oil.

How did it go? Whose arguments seemed to prevail? Depends on whom you ask…

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Energy Companies | Industrywide Issues | Litigation | Pennsylvania | Range Resources Corp | Washington County

Judge Orders Range/Landowner Settlement in PA Made Public
March 22, 2013March 22, 2013

The Pittsburgh Post-Gazette and Washington Observer-Reporter last year sued to have a sealed court case involving a settlement between Range Resources and a landowner unsealed (see Pittsburgh Newspapers Sue to Unseal Drilling Court Case). As MDN said at the time, the newspapers and anti-drillers wanted to go on a fishing expedition to see if they might find evidence that “big, bad Range” had contaminated the landowner’s water and air with fracking activities.

On Wednesday, a judge unsealed last year’s settlement decision. The newspapers and anti-drillers were disappointed. No smoking guns in the court documents—just a big payout from Range ($750,000) to settle what was essentially a case of landowners who didn’t like drilling activities going on next door…

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Anti-Drilling/Fossil Fuel | Energy Companies | Hydraulic Fracturing | Industrywide Issues | Lenape Resources | Litigation | Livingston County | New York | Regulation

Third NY Town Wins Court Approval to Ban Fracking
March 20, 2013March 20, 2013

Tomorrow, the Appellate Division (court) in Albany, NY will hear arguments in the twin cases of Dryden and Middlefield—two New York towns that illegally seized the property rights of all their citizens by completely banning fracking (see Important Developments in NY Fracking Ban Court Cases for background).

A third town, Livingston, has just won a court case that allows them to also illegally ban fracking. Lenape Resources had sued Livingston after the town passed a ban in 2012, claiming the ban affects their conventional/vertical drilling in the town, which has been going on for decades (see Lenape Sues Avon, NY & DEC over Fracking Ban – Seeks $50M). An “acting” judge didn’t agree, and cited Dryden and Middlefield to support his opinion…

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Anti-Drilling/Fossil Fuel | Energy Services | Industrywide Issues | Kinder Morgan | Litigation | Pennsylvania | Pike County | Pipelines | Tennessee Gas Pipeline

PA Judge Grants Injunction Against Protesters of TGP NE Pipeline
March 20, 2013March 20, 2013

Anti-drillers who have been illegally blocking construction of the Tennessee Gas Pipeline’s Northeast Upgrade in northeastern PA were told to knock it off by a Pike County judge. He also told them it’s going to cost them (a lot of) money if they try it again.

In a hearing held Monday, Judge Joseph Kameen granted TGP an injunction against protesters who have blocked access roads and perched themselves, literally, up trees in order to stop progress on the new pipeline. Why? They don’t like fracking and believe the pipeline, which will transport Marcellus Shale gas, will encourage more of it. Basically, they’re malcontents…

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Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Range Resources Corp | Regulation | Washington County

Judge Refuses to Recuse Himself from Range v Robinson Twp Case
March 19, 2013March 19, 2013

Last week MDN told you about the lawsuit filed by Range Resources against Robinson Township (Washington County), PA for rejecting their request to build two drill pads in the township (see Range Takes Robinson Twp, PA to Court over Permit Rejections). Range has asked the judge in the case, John F. DiSalle, to recuse himself from the case because his wife, Diane DiSalle, is a big-time anti-driller. Unfortunately for Range, the judge has said “no”…

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Crime | Industrywide Issues | Litigation | Mahoning County | Ohio | Wastewater

Youngstown Wastewater Dumper Pleads Not Guilty in Federal Court
March 18, 2013March 18, 2013

Some truly amazing chutzpah from the Youngstown, OH company caught dumping untreated frack wastewater down a drain that eventually emptied into the Mahoning River (see Youngstown Shale Wastewater Dumper Faces Jail and Big Fines for background).

Ben Lupo, the owner of the company who concocted the “allegedly” illegal plan, and Michael Guesman, the employee he co-opted into participating, both pled “not guilty” in federal court on Friday to the very acts they’ve already admitted doing:

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Beck Energy | Belmont County | Energy Companies | Industrywide Issues | Lease & Royalty Payments | Litigation | Monroe County | Ohio | XTO

XTO, Beck Energy Appeal OH Case Allowing Lease Termination
March 15, 2013March 15, 2013

Earlier this week MDN told you about 600-700 landowners in Ohio who won a lawsuit allowing them to terminate leases held with Beck Energy and XTO Energy (see OH Lawsuit Victory: 600-700 Landowners Can Terminate Beck, XTO Leases).

Beck and XTO are none too happy with the decision and have appealed it to the Ohio Court of Appeals:

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Energy Companies | Industrywide Issues | Litigation | Pennsylvania | Range Resources Corp | Washington County

Range Takes Robinson Twp, PA to Court over Permit Rejections
March 14, 2013March 14, 2013

In the ongoing spat between Range Resources and Robinson Township (Washington County), PA, yesterday Range filed an appeal of Robinson’s rejection of two drilling permits Range sought last year. Robinson Township officials say Range didn’t provide a sound study (how drilling noise will affect the area) and did not provide a site plan that identifies nearby buildings and structures.

Range says they’ve provided everything they need to provide legally, so they’re pushing forward with asking a judge to overturn the rejections…

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