Litigation

Columbiana County | Industrywide Issues | Lease & Royalty Payments | Litigation | Ohio | Utica Shale

Columbiana County, OH Landowners Seek Minimum Royalty Law
June 8, 2012June 8, 2012

A few weeks ago MDN highlighted a story about a couple living in Columbiana County, Ohio who were due to get more than $375,000 in lease payments from Chesapeake Energy for their 65 acres of property, but the deal fell through when Chesapeake discovered the land under the property was already locked into a decades-old lease by Columbia Gas Transmission. The couple is suing to be released from that contract (see this MDN story).

We have word today that other landowners from the same area also affected by the Columbia lease are trying a different tact: Pass a state law imposing minimum royalties.

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Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

PA Commonwealth Court Hears Arguments in Act 13 Lawsuit
June 7, 2012June 7, 2012

Arguments in the lawsuit brought by seven Pennsylvania townships and a handful of individuals against the state over newly passed drilling legislation known as Act 13 were heard in PA Commonwealth Court yesterday in Harrisburg. The towns are suing to overturn a portion of the Act 13 law which eliminates most of zoning rights of PA towns when it comes to zoning oil and gas drilling (see this MDN story for background).

So how did it go? Depends on who you ask.

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

City of Binghamton Gets Sued Over Fracking Ban
May 31, 2012May 31, 2012

Binghamton Mayor Matt Ryan’s folly, a symbolic ban on hydraulic fracturing within the city, has now come back to bite him in the rear end. His folly will cost Binghamton City taxpayers a lot of money as the city has now been sued over their illegal ban, passed at the eleventh hour last December before Ryan was about to lose a majority of support from the Binghamton City Council in January (voters tossing out some of the all-Democrat council members in the last election).

The Binghamton law firm Hinman, Howard & Kattell filed a lawsuit on Wednesday in state Supreme Court on behalf of five plaintiffs to overturn the Binghamton ban.

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Bradford County | Industrywide Issues | Litigation | Pennsylvania | Pipelines | Statewide PA

PA Court Overturns Lower Court on Zoning Compressor Plants
May 29, 2012May 29, 2012

A new ruling in Pennsylvania’s Commonwealth Court will have far-reaching implications for municipalities that try to apply zoning regulations to a select part of the drilling process, like compressor stations. Compressor stations are necessary to move gas along pipelines—from the well to a point where the gas can be processed and eventually sold. A three judge panel has just overturned a lower court’s decision on whether or not townships can regulate compressors separately from other drilling activities.

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

O&G Countersues Landowners Claiming Lease Slander
May 14, 2012May 14, 2012

In late March, seven Beaver County, PA families (18 people) filed a lawsuit 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 leases were sold to Chesapeake Energy and at the eleventh hour, just before the leases were set to expire, Chesapeake attempted to initiate drilling to retain the leases, which prompted the lawsuit (see this MDN story for background). Late last week O&G countersued the families:

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Energy Services | Enterprise Products Partners | Industrywide Issues | Jefferson County (OH) | Litigation | Ohio | Pipelines

OH Judge Rules in Case on Ethane Pipeline Survey
May 14, 2012May 14, 2012

MDN highlighted a story last week in which Enterprise Products Partners, the company building a new ethane pipeline across Ohio, sued a farmer to gain access to his land in order to survey it to chart a route for the pipeline (see this MDN story). The farmer offered alternative routes to avoid prime hay fields but Enterprise turned him down. A common pleas court judge, on Friday, sided with…

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Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

PA Act 13 Zoning Lawsuit Goes to Trial in June
May 10, 2012May 10, 2012

An update on the Act 13 lawsuit filed by seven Pennsylvania municipalities and the Delaware Riverkeeper Network at the end of March (see this MDN story). Act 13 is a set of new drilling rules and regulations adopted by the PA legislature and signed by Gov. Tom Corbett in February of this year. Part of the new regs included a statute that says state rules on zoning for oil and gas drilling supersede or override local zoning laws. The seven towns and Riverkeeper sued to stop that portion of the new law and Commonwealth Court Judge Keith Quigley granted a temporary, 120 day injunction (see this MDN story).

The case will now be heard by the full nine-member Commonwealth Court between June 4-8. That’s big news. But there’s even bigger news:

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

Pittsburgh Newspapers Sue to Unseal Drilling Court Case
May 9, 2012May 9, 2012

The Pittsburgh Post-Gazette and the Observer-Reporter of Washington, PA have sued to open sealed court documents in a case involving a Pennsylvania couple who previously were outspoken critics of the natural gas drilling industry and who made claims that drilling had contaminated their water supply. Last week, anti-drillers joined their cause and filed a brief in state Superior Court.

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Energy Services | Enterprise Products Partners | Industrywide Issues | Jefferson County (OH) | Litigation | Ohio | Pipelines

Ethane Pipeline Company Sues Farmer to Gain Access to Land
May 7, 2012May 7, 2012

Enterprise Products Partners 1,230 mile ethane pipeline from Pennsylvania to the Gulf Coast, called the ATEX Express (Appalachia to Texas), has hit a snag in Ohio and is suing a farmer who refuses to let them on the property for survey work.

The proposed ATEX Express pipeline includes building 353 miles of new pipeline through Ohio. They’re on a schedule, and they don’t want delays. So when Nancy and David Hyde asked Enterprise to find a different route other than go through David’s best hay field, Enterprise said “no” and is suing them to allow them on the property. As with most lawsuits, this one is complicated.

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Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

Yet Another PA Township “Supports” Act 13 Lawsuit
April 27, 2012April 27, 2012

Wednesday night, Scott Township, PA commissioners unanimously voted to pass a resolution showing symbolic (but no real) support for the PA townships that have sued the State of Pennsylvania over provisions in the new Act 13 Marcellus drilling law. The lawsuit takes exception to state rules replacing local zoning laws that control oil and gas drilling.

Scott is just the latest municipality, in addition to Pittsburgh, Tullytown, Wilkinson, Luzerne, Buffalo, Hanover and other municipalities who have also expressed support, but refuse to actually join the lawsuit (see this MDN story).

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Dominion Energy | Energy Services | Exporting | Industrywide Issues | Litigation | Maryland | Statewide MD

Sierra Club Will Try to Block Maryland LNG Export Terminal
April 27, 2012April 27, 2012

The Sierra Club will oppose and attempt to block a facility that will liquefy and export natural gas from Cove Point, Maryland. The very same facility from which Sumitomo and Tokyo Gas are trying to negotiate a deal to receive LNG from Dominion Resources (see this MDN story).

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

Binghamton Fracking Ban Heading to Court
April 23, 2012April 23, 2012

Last December, at the eleventh hour shortly before Binghamton Mayor Matt Ryan knew he would lose his all-Democrat city council and hence an opportunity to stick it to the drilling industry, Ryan forced through a vote on a measure to ban fracking within the city limits for a period of two years (see this MDN story). There’s just one problem with the ban as enacted—it isn’t legal, at least according to attorneys Robert Wedlake and Kenneth Kamlet, who have sent a letter to the city demanding they either follow the law or they’re going to court.

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Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

Judge Tells PA Drillers They Can’t Join Act 13 Lawsuit
April 23, 2012April 23, 2012

At the end of March, seven Pennsylvania municipalities along with the Delaware Riverkeeper Network and a handful of individuals filed a lawsuit against the state of Pennsylvania over a newly enacted Marcellus drilling law called Act 13 (see this MDN story). The lawsuit specifically targets a measure in the new law that supersedes local zoning of oil and gas drilling with state-mandated rules. The Pennsylvania Independent Oil and Gas Association, the Marcellus Shale Coalition and some state lawmakers filed to join the lawsuit on the side of the state, to help defend the new legislation (see this MDN story).

On Friday, the judge in the case denied the application to join the lawsuit:

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

Timeline for New York Drilling Ban Court Case
April 20, 2012April 20, 2012

Tom West, an attorney handling a combined appeal of two New York cases where local judges upheld drilling bans passed by local townships, laid out a timeline for when the combined case will be heard and decided at an Albany conference yesterday. The two original cases are from Dryden, in Tompkins County, and Middlefield, in Otsego County.

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

Chesapeake Ignores Stop-Work Order in Beaver County, PA
April 20, 2012April 20, 2012

Chesapeake Energy seems to be in hurry-up-and-drill mode on land in Beaver County, PA in order to secure the land before the lease expires next week. They started drilling without first receiving a permit and are ignoring a stop-work order from the local township. Chesapeake claims the local ordinance states they only have to apply for a conditional-use permit—not receive it—in order to start drilling. The township says the opposite is true.

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

PA Judge Grants Injunction for Zoning Portion of Act 13 Law
April 12, 2012April 12, 2012

Pennsylvania Commonwealth Court Senior Judge Keith Quigley issued a 120-day injunction yesterday to stop a small but important portion of the newly passed Act 13 Marcellus drilling law. Seven PA townships had filed a lawsuit to overturn Act 13 (see this MDN story). As part of their lawsuit, they filed a petition seeking an injunction from stopping the law from going into effect this Saturday, April 14. Judge Quigley’s injunction only deals with the provisions in the law that deal with changes to zoning regulations—the part that would replace local zoning laws with a “one size fits all” state law. Everything else in Act 13, including collection of an impact fee, will go into effect on Saturday.

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