Litigation

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

53 NY Towns Ask to Join Fracking Ban Court Case
October 31, 2012October 31, 2012

While New York Gov. Andrew Cuomo dithers about whether or not to allow fracking in the state, two court cases that will have a profound effect on where fracking can happen (should he finally make up his mind) continue to work their way through the court system. Those cases address of the issue of whether or not local municipalities should have the right to completely ban fracking within their borders—sometimes referred to as “home rule.”

Not long ago MDN updated you on the status of those cases with word that oral arguments are likely to take place in February with a decision by late spring (see this MDN story). A new development in those cases: 53 municipalities have filed a request with the court to join the cases on the side of pro-ban/anti-fracking:

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Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

PA Judge to PUC: Cease & Desist Act 13 Zoning Reviews
October 29, 2012October 29, 2012

On Friday, Pennsylvania Commonwealth Court Judge Keith Quigley issued a “cease and desist” order to the Pennsylvania Public Utility Commission (PUC) telling them they can no longer review PA towns’ zoning ordinances for compliance with the new Act 13 drilling law (a copy of his order is embedded below). MDN has chronicled the ongoing fight between seven PA towns and the state over the state’s new standardized “one size fits all” zoning ordinance for oil and gas drilling (see this MDN story for background).

The lawsuit brought by the seven towns is now before the state Supreme Court waiting for a decision. In advance of that, the PUC said there are some zoning provisions not challenged in the lawsuit and they are evaluating those kinds of cases. The PUC has ruled that some of the seven towns in the lawsuit are not in compliance and the PUC is withholding their impact fee checks pending a decision from the Supreme Court—it’s a lot of money. Judge Quigley has said “no more” and now the attorney for those towns is demanding the PUC cut the checks for the impact fees owed to the towns.

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Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Regulation | Washington County

Cecil, PA Public Hearing to Revise Zoning for Act 13
October 29, 2012October 29, 2012

Even though the Town of Cecil (Washington County, PA) is one of the seven towns suing the state of PA over the zoning provisions of Act 13, the town is going to consider changing their zoning law to be compliant with Act 13 all the same. The situation is now murky and “fluid”…

On Friday, Cecil’s town manager said this:

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

South Fayette, PA Thumbs Nose at PUC over Zoning Review
October 19, 2012October 19, 2012

Although parts of the zoning provisions in Pennsylvania’s new Act 13 Marcellus drilling law have been challenged in court and oral arguments were heard in PA Supreme Court earlier this week, there are other parts of the Act 13 law—zoning parts—that were not overturned and are not up for discussion. According to the PA Public Utility Commission (PUC), the agency charged with interpreting whether or not a town is in violation of those remaining sections, the town of South Fayette in Allegheny County is in violation and unless they revise their zoning laws, they won’t get impact fee revenue this year.

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Anschutz Exploration | Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Norse Energy | Otsego County | Regulation | Statewide NY | Tompkins County

Important Developments in NY Fracking Ban Court Cases
October 18, 2012October 18, 2012

There’s been an important development in two cases on appeal in New York State courts that challenge municipal bans of fracking. The two cases challenge municipal fracking bans in the Town of Dryden, NY (see this MDN story for background) and the Town of Middlefield, NY (see this MDN story for background).

According to lead attorney Tom West, all the necessary paperwork for both cases has been filed (called “perfecting” the case). West believes both cases will make it onto the Appellate Division of the Supreme Court docket for an early February hearing of oral arguments. The Appellate Division typically issues an opinion 6-8 weeks following oral arguments, so we should have a decision by late spring. In addition and of keen interest, the plaintiff in one of the cases has changed.

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

PA Supreme Court Hears Testimony on Act 13 Zoning
October 18, 2012October 18, 2012

Yesterday MDN told you about what we consider the most important oil and gas drilling case to go before the Pennsylvania Supreme Court in many years (see this MDN story). The PA Supremes heard arguments (yesterday) in what MDN considers the second most important O&G case to be heard in years—whether or not the zoning provisions in the Act 13 law are constitutional. Were there any indications from the questioning which way the judges might rule?

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

PA Supreme Court Hears Arguments in Critical O&G Case
October 17, 2012October 17, 2012

Yesterday the Pennsylvania Supreme Court heard arguments in what MDN considers the most important oil and gas case to come before the court in many years. We’ve chronicled the case called Butler v Powers in past articles, including this article from Sept. 2011. It’s a complex case, and at the risk of oversimplifying it, here’s how we would summarize it:

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Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Sullivan County

Town of Highland, NY Gets Sued Over Gas Drilling Ban
October 11, 2012October 11, 2012

MDN is not used to breaking the news, but that’s what we’ll do today. The Town of Highland, located in Sullivan County, NY, is about to be sued by the Highland Field & Stream Club over the town’s vote to ban gas drilling.

MDN received the following email notification from the attorney for the Highland Field & Stream Club:

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Beaver County | Chesapeake Energy | Energy Companies | Industrywide Issues | Litigation | Pennsylvania

Landowners Settle with Chesapeake, O&G in Western PA Case
October 11, 2012October 11, 2012

A lawsuit initiated by seven families in Beaver County, PA in March against Chesapeake Energy and O&G Investments of Wooster, Ohio has been settled. The landowners originally signed leases with O&G seven years ago, weren’t paid anything during those seven years, weren’t drilled on, and then O&G sold the leases to Chesapeake who tried to drill in order to hold the leases before they were set to expire. The families were rightly outraged by the treatment they received and sued to dissolve the leases (see this MDN story for background).

Yesterday, the judge in the case issued a closure order after being notified of a settlement:

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Broome County | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation

NY Judge Throws Out Binghamton Fracking Moratorium
October 3, 2012October 7, 2012

The City Council for Binghamton, NY passed a de facto drilling moratorium at the end of December of 2011, just before the all-Democrat city council was about to be reconstituted with a few new Republican members (see this MDN story). At the time, Mayor Matthew Ryan and City Council were warned of possible litigation.

The law as passed was not (according to City Council and Ryan) an actual moratorium. Instead, they used the “police powers” of the city to enact a law instead of a zoning ordinance, believing it to be a clever legal maneuver insulating them from meeting the strict requirements for a true moratorium.

Yesterday New York Supreme Court Judge Ferris Lebous threw out the law as invalid, calling it what it really is: a moratorium. A copy of the judge’s ruling is embedded below. MDN will walk you through it…

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

NY AG Schneiderman Threatens New DRBC Lawsuit over Fracking
September 28, 2012September 28, 2012

New York State Attorney General Eric Schneiderman tried to sue the Delaware River Basin Commission (DRBC) to force them to delay issuing drilling rules unless/until a comprehensive federal study of fracking was performed first. His frivolous lawsuit was tossed by a federal judge (see this MDN story).

Having his work repudiated by a federal judge apparently won’t stop Schneiderman from filing yet another frivolous lawsuit when and if the DRBC votes to approve Marcellus shale drilling rules. He’s keeping the threat alive:

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Coterra Energy (Cabot O&G) | Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Susquehanna County

Former Dimock Landowners Buy New Property…with Gas Lease
September 28, 2012September 28, 2012

Dimock Proud, a group of landowners in the township of Dimock, PA who seek to defend their town’s reputation against unfair media attacks, recently reported that Craig and Julie Sautner, landowners in Dimock and some of the most vocal critics of Cabot Oil & Gas, settled their claim with Cabot, sold their property and left town (see this MDN story). Dimock Proud provided MDN an update on the Sautners yesterday via email.

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Allegheny County | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA | Washington County

PA Towns Complain about PUC Act 13 Zoning Review
September 27, 2012September 27, 2012

The Pennsylvania townships that sued the state over the newly enacted Act 13 shale drilling law are feeling a little picked on at the moment. The lawsuit brought by seven townships earlier this year is about to go before the PA Supreme Court in a few weeks (see this MDN story). The case revolves around the right of local municipalities to pass and enforce their own zoning laws with respect to oil and gas drilling within their borders. The new Act 13 law provides a consistent set of zoning rules for all townships, replacing and superseding local laws. Some towns in western PA didn’t like it and sued.

Under Act 13, the Public Utility Commission (PUC) is empowered to review and decide whether or not towns are living up to the provisions of Act 13. If they are in violation, the towns won’t receive money from the new impact fee collected under Act 13 (part of a $200 million pot for this year). The current bone of contention is that the PUC is moving forward with reviews of zoning law in select towns, including four of the seven towns that brought the lawsuit. And those towns don’t like it—not one little bit.

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Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Pennsylvania | Regulation | Statewide NY | Statewide PA | Wayne County

Federal Judge Throws Out NY AG’s Lawsuit Against DRBC
September 25, 2012September 25, 2012

Big news for landowners living in the Delaware River Basin area, especially for those in Wayne County, PA who want to see drilling in the Marcellus go forward: A federal judge has thrown out the lawsuit by New York Attorney General Eric T. Schneiderman that sought to force the Delaware River Basin Commission (DRBC) to conduct a “fuller assessment” of the potential impacts of shale gas drilling on New York City’s water supply before allowing any shale gas drilling in the basin.

Such an assessment would have meant years of additional studies and delays, especially harmful to landowners in Pennsylvania who happen to live in the DRBC’s jurisdiction and have seen no drilling for the past five years while their neighbors all around them have. This is a victory not only for landowners, but the DRBC itself, fighting the lawsuit.

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Hydraulic Fracturing | Industrywide Issues | Litigation | Michigan | New York | Ohio | Pennsylvania | Regulation | Statewide MI | Statewide NY | Statewide OH | Statewide PA

NRDC Launches Lawyers to Oppose Fracking in 5 States
September 25, 2012September 25, 2012

You have to say one thing about the increasingly shrill Natural Resources Defense Council (NRDC)—they don’t let an issue they can demagogue for money go to waste. For the NRDC, there’s money to be made in opposing fracking. Warning to the drilling industry: The NRDC is well-funded and is gunning for you. Their latest offensive? They’ve created something called the Community Fracking Defense Project whereby they’ll launch lawyers out into any township across New York, Pennsylvania, Ohio, Illinois and North Carolina to assist that town in opposing fracking. (Sorry West Virginia, you aren’t important enough for the NRDC to spend time and money on.)

The fight over fracking is about to go very local, and get very nasty, with the NRDC pumping millions into the effort to make mischief.

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Industrywide Issues | Litigation | Statewide WV | West Virginia

Important Case in WV Supreme Court This Week
September 24, 2012September 24, 2012

An important case for surface rights owners goes before the West Virginia Supreme Court on Tuesday. The court will hear a case to determine whether or not surface landowners—those without the rights to minerals in the ground—have the right to appeal oil and gas drilling permits that allow companies to erect drilling sites on their land. As with most legal matters, this one gets complicated:

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