Litigation

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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Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

PA Act 13 Lawsuit and its “Supporters”
April 10, 2012April 10, 2012

The Pittsburgh newspapers want us to believe there is a huge surge of support behind a lawsuit recently filed against what is known as Act 13—a new law passed just a few months ago in Pennsylvania that updates Marcellus oil and gas drilling rules in the state. Although the law brought much-needed new regulations to the Commonwealth, it also contained two measures that have particularly irked those who oppose drilling: an impact fee instead of a severance tax, and preemption of local oil and gas zoning ordinances with a “one size fits all” set of ordinances from the state. MDN will not recount the arguments for and against, you can read them by doing a search for “Act 13 lawsuit” in our search box (upper right corner).

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

EPA Says Another 20 Dimock Wells Tested are Fine
April 9, 2012April 9, 2012

$fracking is safe - an incovenient truth$ WARNING: This post contains snide and snarky comments. Anti-drillers are encouraged to not read this post. Proceed at your own risk.

Sometimes MDN thinks the federal Environmental Protection Agency (EPA) is more of a public relations press release-generating agency rather than an agency to protect the environment. They issue a multitude of press releases—every day. But when they find that another 20 wells in Dimock, PA are fine and have not been (never were) chemically contaminated by hydraulic fracturing, not a single public press release on it. Oh it gets reported, but the EPA slips a short message to the government’s “other” PR agency, the Associated Press. And the good ole AP will warp and spin it in just the right way to please the government overlords.

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Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

PA Drillers, Industry Groups File to Join Act 13 Lawsuit
April 9, 2012April 9, 2012

The oil and gas industry in Pennsylvania is not sitting on the sidelines idly while a group of municipalities attempts to temporarily halt, and eventually overturn the new Act 13 drilling legislation passed earlier this year. Seven municipalities along with an enviro-leftist group and a doctor are suing the state to stop Act 13 (see this MDN story for background, and this guest post from one of the litigants).

The Pennsylvania Oil and Gas Association and the Marcellus Shale Coalition have filed a petition seeking to join the lawsuit—on the other side, trying to stop the lawsuit by the municipalities.

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

PA Supreme Court to Consider Shale Gas Mineral Rights Case
April 5, 2012April 5, 2012

An update on what could be a very important case for many landowners in Pennsylvania: On Tuesday, April 3, the PA Supreme Court agreed to hear a Susquehanna County case called Butler v Powers estate. The case concerns whether or not natural gas rights are a part of “mineral rights” in old leases where it’s not specifically spelled out. PA law precedent since 1882 known as the “Dunham rule” is that natural gas is not part of mineral rights unless specifically stated as such. If the Supreme Court overturns that precedent, it would threaten hundreds of drilling leases now in place throughout PA.

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Broome County | Chesapeake Energy | Energy Companies | Equinor/Statoil | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Tioga County (NY)

Judge Orders Arbitration in Chesapeake ‘Force Majeure’ Case
April 5, 2012April 5, 2012

U.S. District Judge David N. Hurd ordered that a lease dispute case between a group of landowners in Broome and Tioga counties (New York) and Chesapeake Energy will go to arbitration for about 150 of the landowners. That’s not-so-good news for those landowners who want to keep the case in federal court. But he also ruled a second case with 32 landowners can go forward in federal court because those leases did not contain an arbitration clause. That’s good news for those landowners, and may end up being good news for those in arbitration. A copy of the judge’s order is embedded below.

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

Act 13 Lawsuit Plaintiffs Seek Injunction to Stop Law Now
April 4, 2012April 4, 2012

The plaintiffs in a lawsuit filed last week seeking to overturn PA’s newly adopted Act 13 law that overrides local municipal zoning ordinances of the oil and gas industry, filed a motion yesterday asking the court for an injunction to prevent the new law from going into effect on April 14.

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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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