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:
Talk about an ill-advised strategy… Even though New York Gov. Cuomo’s office and the state Dept. of Environmental Conservation (DEC) has been holding secret meetings with anti-drillers, asking for their opinions and advice on how to proceed with fracking in New York State, some of those same groups have turned around and sued Gov. Cuomo and the state claiming a Freedom of Information Law (FOIL) request they made earlier this year for the records about meetings between the governor, the DEC and the drilling industry have not been fully disclosed.
Hello anti-drillers! This is not how you win friends and influence people (like Andy) to your cause. The topper? The group suing isn’t even from New York.
Read More “Anti-Fracking Group Sues NY Gov. Cuomo & DEC over FOIL Request”
Pennsylvania’s Act 13 shale drilling law, passed earlier this year, is facing a stiff legal challenge to a key provision in the law. The only part of the law challenged in court is the part replacing the ability of local municipalities to enact zoning ordinances to control where, and if, drilling happens within their borders. Act 13 substitutes a common set of zoning restrictions—drilling must be at least X feet from water wells, schools, etc. Seven brave townships in PA sued to have that provision overturned. MDN says “brave” not because we necessarily support their effort, but in contrast to the cowardly towns and cities and organizations who haven’t put up their own money and time but instead have issued press releases to support the seven who have.
Who are the cowardly towns and organizations? Let’s name some names, shall we?
Read More “Cowardly “Me Too” Towns Support Act 13 Lawsuit in 11th Hour”
More than 50 years ago, landowners in a 35,000 acre area of Columbiana County, Ohio signed a lease with Columbia Gas that allows Columbia to store natural gas supplies in the Berea Sandstone formation. Known as the Brinker property back then, today it’s referred to as the Brinker Storage Field. The lease that was signed, and passed on to new landowners purchasing “Brinker” property, means landowners won’t see a penny from drilling that’s about to begin on their property by Hilcorp Energy (see this MDN story for more background). Columbia Gas will keep all of the signing bonus and royalty money for itself. Unless…
Read More “Columbia Gas & Hilcorp Meet with Landowners in Brinker Field”
South Fayette in Allegheny County, PA is one of the seven towns that sued the state of PA over the new Act 13 drilling law that stripped away local municipalities’ ability to zone for oil and gas development. The Act 13 law substitutes a new “one size fits all” statewide version of zoning. The Act 13 lawsuit will be heard by the PA State Supreme Court in mid-October.
A South Fayette resident requested the state Public Utility Commission (PUC), charged with reviewing and determining whether or not local municipalities are in compliance with Act 13 with regard to their zoning laws, asked the PUC to investigate, which they are doing (see this MDN story). A resident of Robinson Township also asked the PUC to investigate that town’s ordinances, making Robinson the second case of PUC review (see this Pittsburgh Post-Gazette story). Attorneys for South Fayette have responded to the review by accusing the PUC of “professional persecution,” “malicious intent,” and taking an “aggressive stance” against the town.
Read More “South Fayette, PA Accuses PUC of Persecuting Them over Act 13”
We now have a specific date and location for when and where oral arguments will be heard in the court case challenging zoning provisions in the newly passed Act 13 drilling law in Pennsylvania:
Read More “Date Established for PA Supreme Court Case on Act 13”
A quick update on the Act 13 lawsuit before the Pennsylvania Supreme Court: Lawyers for the state, on behalf of the governor, the Dept. of Environmental Protection and the Public Utility Commission, filed a 45-page brief yesterday defending the law. The seven towns suing the state to overturn the zoning portions of Act 13 (the part that disallows local municipal control over the siting of drilling and compressor plants, etc.) will file their brief later this month.
Among the arguments made by the state in defending the zoning portion of Act 13:
Read More “PA Lawyers in Act 13 Lawsuit Say State Legislature has “Supreme Authority””
An article in yesterday’s Wall Street Journal focuses on an issue MDN has covered for some time: how the fight over hydraulic fracturing in New York State has “gone local,” meaning it’s largely going to be decided town by town throughout the state.
The article notes a few statistics—about 100 or so towns have voted for either a short-term moratorium on fracking, or an outright ban. And about 60 or so towns have voted to “support” drilling. (Shameless self-promotion: MDN’s Marcellus and Utica Shale Databook Vol. 2 has the complete list of which towns have voted which way on the issue.)
But the pure numbers of “100 against, 60 for” does not come anywhere close to telling the whole story…
Read More “NY Fracking Fight Heads to Townships – Rest of the Story”
Pennsylvania towns that have ordinances conflicting with the new state drilling law known as Act 13 run the risk of not receiving their portion of a new impact fee being collected by the state—unless they revise their laws to not conflict with Act 13. The first town to be challenged under this provision is South Fayette, in Allegheny County (Pittsburgh area). A resident of South Fayette wrote to the Public Utility Commission (PUC), the agency charged with policing compliance with Act 13, to complain that several town ordinances violate Act 13.
Read More “South Fayette, PA First Town Challenged Under Act 13”
The ongoing and currently unresolved court case in Pennsylvania over PA’s newly passed Act 13 law has an interesting new twist. You may recall a few weeks ago the middle-level Commonwealth Court in PA upheld a lower court ruling striking down the zoning provisions in the new Act 13 drilling law (see this MDN story). Those provisions under Act 13 substitute statewide zoning rules for oil and gas drilling in place of any local restrictions. Seven townships sued to have that portion of the law struck down and so far two courts have agreed. It’s now on appeal to the PA Supreme Court.
However, while the decision of the lower courts is on appeal to the Supreme Court, the original zoning portion of Act 13 was still in effect—until a judge’s order on Wednesday.
Read More “Judge Rules Act 13 Zoning Unconstitutional During Appeal”
The long nightmare for Cabot Oil & Gas in Dimock, PA is now about over. Recently, the EPA declared the water wells in and around Dimock are clean (see this MDN story). We now have word that all but four families that sued Cabot in an attempt at a big payday will settle—likely for far less than they had hoped to extract, although exact terms of the settlement have not been disclosed.
There are still a few in Dimock who will fight to the bitter end, but that’s what keeps lawyers employed. So what. They’ll drag it on for years and they still won’t get what they want.
In the misguided attempt to ban hydraulic fracturing in New York, one town took their ban vote too far. MDN reported about the bone-headed vote by the Town of Avon (Livingston County, NY) on June 28 to ban drilling activity in the town with a broadly worded zoning ordinance (see this MDN story).
A local driller with wells in Avon, Lenape Resources, warned Avon that the broad language they intended to use in their zoning ordinance would cause Lenape to shut down 16 existing conventional (vertical-only) gas wells they operate in the town along with a gas pipeline. Avon town board members didn’t listen and passed the new ordinance. Lenape president John Holko promptly shut down all of his wells in the town, ending free gas for some local residents, and low cost gas for the town itself. A really dumb move on the part of Avon.
There is a new development in this ongoing situation.
Read More “NY Driller Threatens DEC with Lawsuit over Town Bans”
A court filing by state officials yesterday—including the Commonwealth of Pennsylvania, the Pennsylvania Public Utility Commission, the Attorney General and the Dept. of Environmental Protection—asks the PA Supreme Court to expedite an appeal of the Act 13 zoning case. Last week the appellate court in PA ruled against the state’s new Act 13 law zoning provisions (see this MDN story). According to Gov. Tom Corbett, without the zoning portions of Act 13, the new law will be gutted.
Read More “Officials Ask PA Supreme Court to Hurry Up with Act 13 Case”
The Legal Intelligencer, the oldest law journal in the U.S., publishes an article in the current issue titled “Shale Development and Fracking Litigation Trends.” It takes a look at court cases filed on the basis of supposed harm from hydraulic fracturing. The authors say of the 40 plus cases filed in state and federal court related to fracking, most remain unresolved at this time. Of the ones that are resolved, the cases against fracking cited by the authors were dismissed for lack of proof that fracking caused harm.
Read More “Lawyers Look at Court Cases that Challenge Fracking”
Last week the Pennsylvania Commonwealth Court, the “appellate” court in PA, ruled in favor of seven towns who had sued the state over the zoning portion of the newly enacted Act 13 drilling law (see this MDN story). At the time Gov. Tom Corbett said he would appeal the decision and he has made good on his word. The case now heads to the Pennsylvania Supreme Court.
Read More “PA Gov. Corbett Appeals Act 13 Zoning Case to Supreme Court”
The Pennsylvania Commonwealth Court (the appellate court in PA) yesterday issued ruling on the zoning portion of the newly enacted Act 13 drilling law—and they ruled it unconstitutional. A full copy of the court’s opinion and ruling is embedded below. This is round two in the court fight. Round three, an appeal to the PA Supreme Court, will almost certainly come from Gov. Tom Corbett (he has as much as promised it).
MDN will give our overview of what the court decided, and of the dissenting opinion. But one thing caught our eye right away. MDN has made the argument several times that the Delaware Riverkeeper Network has no standing to be part of the lawsuit against the state and against Act 13 (see this MDN story). The good news with yesterday’s decision is that the justices tossed the Delaware Riverkeeper Network from the lawsuit, saying (as MDN has all along) they have no standing to participate and bring the suit in the first place. It’s a small and symbolic victory for those of us who support drilling, but a victory nonetheless.
Read More “PA Court Overturns Zoning Section of Act 13 Drilling Law”