Litigation

Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

Pittsburgh Cheerleads (but doesn’t join) Act 13 Lawsuit
April 4, 2012April 4, 2012

Pittsburgh City Council, long-time opponents of the Marcellus Shale drilling industry, passed a resolution called a “Will of Council” yesterday supporting the lawsuit filed by seven municipalities, the Delaware Riverkeepers and others against the State of Pennsylvania’s newly adopted Act 13 law. The Act 13 law replaces local zoning ordinances with a state ordinance when it comes to oil and gas drilling (see this MDN article about the lawsuit). Council President Darlene Harris sponsored the measure and all nine city council members signed it. A full copy of the resolution and a letter signed by all council members is embedded below.

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Guest Post | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA | Washington County

Guest Post: Peters Twp Responds to MDN on Act 13 Lawsuit
April 3, 2012April 3, 2012

Last week, MDN wrote an article about the just-filed lawsuit by a group of Pennsylvania townships seeking to strike down provisions in a new PA law referred to as Act 13 (see this MDN story). Act 13 preempts local zoning ordinances that prohibit or regulate oil and gas drilling and replaces those ordinances with a set of rules from the state. In essence, Act 13 substitutes the state’s “one size fits all” zoning ordinance for local zoning ordinances. MDN’s comment at the end of that article was that in examining some of the attachments to the filed lawsuit it seems to MDN that anti-drillers are the ones driving the lawsuit.

David Ball, a council member from Peters Township (Washington County), PA—one of the towns filing the lawsuit—emailed MDN to challenge our view and assessment that he and others filing the lawsuit are anti-drilling, and to further explain their reasons for the lawsuit. MDN asked permission to publish his comments and he accepted. This is not the very first, but perhaps the second or third guest post on MDN. We are happy (from time to time) to offer guest posts that disagree with our own views if that post is courteous, serious and advances the discussion. This one does and we thank Mr. Ball for taking the time to write.

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

Dryden & Middlefield NY Drilling Bans Officially Appealed
March 30, 2012March 30, 2012

An update on the two New York lawsuits recently decided in lower courts that upheld local municipal bans on hydraulic fracturing and gas drilling:

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Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

Lawsuit Filed: PA Towns Sue State over Marcellus Act 13 Law
March 30, 2012March 30, 2012

A threatened lawsuit to overturn Pennsylvania’s newly passed Act 13 law that preempts local zoning ordinances passed to prevent shale gas drilling has finally materialized. The lawsuit was filed yesterday by seven PA municipalities and several other people (a copy of the lawsuit is embedded below). Act 13, signed into law in February by Gov. Tom Corbett, contains a provision that disallows local PA municipalities from passing zoning laws that are specifically aimed at preventing shale gas drilling. The loss of zoning power has some municipalities hopping mad.

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Beaver County | Chesapeake Energy | Energy Companies | Industrywide Issues | Lease & Royalty Payments | Litigation | Pennsylvania

After 7 Years of No Drilling, PA Families Sue to End Contract
March 28, 2012March 28, 2012

Seven Beaver County, PA families filed a lawsuit yesterday in Common Pleas Court accusing O&G Investments of Wooster, Ohio of not drilling on their land (and not paying them) for the past seven years. The lawsuit also names Chesapeake Energy, who purchased the leases from O&G last year and who now, “at the last minute,” is trying to tie up the land and continue the contract by moving in equipment to start a drill pad—even though they haven’t received any permits to drill.

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Forest County | Industrywide Issues | Litigation | McKean County | Pennsylvania | Warren County

Federal Judge Upholds Water Ban in Allegheny National Forest
March 27, 2012March 27, 2012

In a lawsuit to allow active drilling in the Allegheny National Forest (ANF) in Pennsylvania, a federal judge ruled last Friday that the U.S. Forest Service does not have to end a ban they imposed on drillers who want to use surface water from the ANF for hydraulic fracturing. Drillers have argued that the Forest Service’s actions in banning water withdrawals from the ANF, and in delaying signoff on new drilling permits, have in essence stopped drilling in the ANF—a de facto ban. For a background on the long-running dispute, see this MDN story from last November.

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

EPA’s Dimock, PA Water Test Results Show No Contamination
March 16, 2012March 16, 2012

Water test results from the federal Environmental Protection Agency confirm what the Pennsylvania Department of Environment Protection has said all along: Well water in Dimock, PA has not been contaminated by hydraulic fracturing chemicals. The PA DEP investigated claims from some Dimock residents that their water had been contaminated by gas drilling done by Cabot Oil & Gas.

In 2010 the DEP found that Cabot’s drilling had led to methane (natural gas) migration into 19 area water wells—something that Cabot still disputes as the area has been known for decades to contain methane in its water supplies. Methane is harmless to drink, but it is an explosion hazard, so the DEP ordered Cabot to pay the affected homeowners twice the value of their property and install a methane filtration system on each home’s water supply (wells or springs). Eleven of the 19 families affected refused the settlement and decided instead to sue Cabot, holding out for a bigger pay day.

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Belmont County | Energy Companies | Hess | Industrywide Issues | Lease & Royalty Payments | Litigation | Ohio | Utica Shale

Belmont County, OH Landowner Sues Hess Over $100/Acre Lease
March 8, 2012March 8, 2012

Rebecca Bench, a landowner in Belmont County, Ohio is representing herself in a lawsuit she has brought against Hess. The lawsuit alleges that Mason Dixon Energy, whom she signed a lease with (that lease was eventually purchased by Hess) had no legal standing to conduct business in Ohio at the time they convinced Rebecca and her husband Kevin Bench to sign a lease in 2008 for $100 per acre. By comparison, recent lease agreements for Utica Shale leases in the county have gone as high as $5,200 per acre.

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Energy Services | Industrywide Issues | Litigation | MarkWest Energy | Pennsylvania | Washington County

MarkWest Tells Cecil Township It’s Time to Grant Permit
March 7, 2012March 7, 2012

A long-running dispute between MarkWest and Cecil Township (in PA) may soon be resolved. Last May, MDN reported that MarkWest wanted to build a Marcellus Shale gas compressor station in Cecil Township (Washington County). They filed an application for a “special exception” to allow them to build the plant but were denied by the zoning board. MarkWest then filed a lawsuit in Washington County civil court (see this MDN story).

The lawsuit is due to go to mediation next week, but MarkWest said in a letter dated March 1 to the Cecil zoning board that the new Act 13 law recently passed means the zoning board’s decision of last year is now null and void, mediation is therefore not necessary, and that they (Cecil) should move forward with granting the permit.

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Industrywide Issues | Litigation | Pennsylvania | Statewide PA

Jarrett Out, Jugovic In as President & CEO of PennFuture
March 6, 2012March 6, 2012

Stop the presses. Jan Jarrett, long-time President and CEO of PennFuture, has resigned her position. PennFuture is Pennsylvania’s largest environmental lobbying organization, and also a largely anti-drilling organization. Her departure is sudden and unexpected after leading the organization for the past 13 years.

Why the sudden departure? Jeanne Clarke, spokesperson for PennFuture says that Jarrett plans to take a “breather” and focus on her grandchildren. However, her departure may be related to trouble that cropped up last December over how a state grant was spent by the organization:

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

PA Towns Banding Together to Sue State Over New Drilling Law
March 6, 2012March 6, 2012

Last month’s passage of new Marcellus drilling regulations in Pennsylvania has some local municipalities grumbling that the state’s “Act 13” regulating oil and gas drilling and superseding local zoning ordinances takes away their ability to, yes, control drilling in their local municipalities. Which of course is what the law is designed to do!

Several municipalities, Cecil Township the latest, are making moves to band together and sue the state over the new law in an effort to overturn the Act 13 provision.

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Anschutz Exploration | Chesapeake Energy | Columbiana County | Energy Companies | Industrywide Issues | Lease & Royalty Payments | Litigation | Ohio | Utica Shale

Ohio Landowners Sue to Break Utica Lease Contract
February 29, 2012February 29, 2012

A group of landowners in Columbiana County, Ohio have filed a lawsuit seeking to dissolve lease agreements they say were improperly transferred from Anschutz Exploration to Chesapeake.

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

Middlefield, NY Fracking Ban Stands in Court Decision
February 28, 2012February 28, 2012

A second court case decision in New York, this one in Middlefield (near Cooperstown) has ruled that local municipalities have the right to ban shale gas drilling within their borders. On Friday, Feb. 24 Acting Supreme Court Justice Donald F. Cerio, Jr. ruled that a previously passed drilling ban in the Town of Middlefield in Otsego County, NY is legal. A copy of the judge’s decision is embedded below. (Note: Thank you to an MDN reader for providing this exclusive copy of the decision that comes direct from the judge’s chambers.)

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Anschutz Exploration | Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Tompkins County

Another Look at the Dryden Fracking Ban Court Decision
February 27, 2012February 27, 2012

Last week, New York State Supreme Court Judge Phillip Rumsey ruled that the Town of Dryden has the right to ban gas drilling within its municipal borders (see this MDN story). As MDN pointed out, this is “round one” in the fight for landowner property rights. The Supreme Court in New York is only one step above county court. The Court of Appeals is the highest court in New York State.

Others have weighed in on the Dryden decision, including the Dryden Safe Energy Coalition (DSEC), a pro- but very much safe-drilling group headquartered in Dryden. From the DSEC press release following the decision:

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

NY Judge Rules Town of Dryden can Ban Shale Gas Drilling
February 22, 2012February 23, 2012

Yesterday, Tompkins County (NY) Supreme Court Judge Phillip Rumsey handed anti-drillers a first, and likely short-lived, victory. He ruled that the Town of Dryden, located near Ithaca, has the right to ban shale gas drilling. As with many legal issues, this one is complicated, so let’s take a look at the case, Judge Rumsey’s decision, and what happens next.

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Energy Companies | Industrywide Issues | Inflection Energy | Lease & Royalty Payments | Litigation | New York | Tioga County (NY)

NY Landowners Sue Inflection Energy over Force Majeure
February 20, 2012February 20, 2012

A group of 18 Tioga County, NY landowners have sued Inflection Energy to overturn Inflection’s “force majeure” claim to extend the lease on their collective 1,200 acres. A force majeure clause is written into most gas lease contracts. It means a driller can automatically extend the length of the lease if there are unforeseen events that hinder the terms of the contract—in this case commencement of drilling—from happening.

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