Big Green Runs Back to Court to Block Drilling in Ohio’s Wayne NF
Here we go again. The Bureau of Land Management (BLM) finally issued three permits to drill on Wayne National Forest (WNF) land in Monroe County, Ohio, back in May — the first new drilling permits in Ohio’s only national forest in years. Predictably, the same coalition of green groups that has kept a lid on WNF for the better part of two decades ran straight back to federal court to try to stop them. Read More “Big Green Runs Back to Court to Block Drilling in Ohio’s Wayne NF”
A federal magistrate judge has excluded six people (well, five leases covering six people and one municipal authority) from the 2,300-plus-member class suing XTO Energy over royalty underpayments in Butler County — not because XTO won a big legal fight, but because both sides agreed these particular leases require arbitration, not a courtroom. This is the latest chapter in Kriley v. XTO Energy Inc., the six-year-old Butler County royalty case MDN has followed since February (see 
EOG Resources has settled — and apparently bought out — the Noble County, Ohio landowner who beat it at the Sixth Circuit Court of Appeals last year in a fight over whether a driller can use one owner’s surface to drill horizontally into the neighbors’ minerals. The case, EOG Resources, Inc. v. Lucky Land Management, LLC, produced a published appellate ruling that’s now a go-to precedent on surface rights for horizontal (lateral) drilling anywhere severed mineral estates exist — which describes most of the Marcellus/Utica. MDN first flagged this case a year ago when we caught the 6th Circuit’s reversal (see below) but couldn’t pin down the county or the full backstory (see 
Two months ago, we told you PA Attorney General Dave Sunday had charged Eureka Resources with seven crimes over years of leaking tanks at its Standing Stone plant in Bradford County (see 
On July 30, French environmental services giant Veolia announced it had been picked by “a major project developer” to operate and maintain a 350-megawatt (MW) microgrid that will power an artificial intelligence data center campus in Ohio. The press release carried a New Albany, Ohio dateline. It’s a genuinely big deal — a behind-the-meter power plant that will supply 100% of a data center campus without leaning on the grid at all. Here’s the dots nobody else has connected. This is the same Veolia that Antero Resources and Antero Midstream spent six years suing over a botched frack wastewater plant in West Virginia. And Veolia announced this shiny new Ohio contract exactly six days after wiring Antero a check for $371 million. You can’t make this stuff up. 
Back in May, we told you about a new 28-mile intrastate natural gas pipeline Enbridge Gas North Carolina (EGNC) wants to build in Chatham and Lee counties, running from Siler City southeast to Moncure (see 
A new wrinkle to report in the case of a South Carolina pipeline, the Elba Express Pipeline, and its quest to build an extension to a gas-fired power plant in Colleton County. In June, we told you that Kinder Morgan, the builder, had been forced to sue some 55 (of the 185) landowners along the proposed route to allow simple access to their property for a survey (see 
Last year, we reported on a Pennsylvania Supreme Court decision issued in the case of Commonwealth of Pennsylvania, Pennsylvania Game Commission v. Thomas E. Proctor Heirs Trust (see 
An important (precedential) court ruling to alert Pennsylvania surface (and mineral rights) owners to. The Pennsylvania Superior Court ruled earlier this month that an oil-and-gas mineral rights owner does not have an automatic, unrestricted right to place a well on a separately owned surface estate. When the deed or lease contains no express surface-access right, the mineral owner must establish that using that surface is “strictly necessary”—not merely reasonable—to reach and develop the underlying oil and gas. The case in question concerns land in Westmoreland County but will almost certainly apply to other locations as well. 
Over the past two weeks, just prior to heading out on summer vacation, the U.S. Supreme Court issued a number of extremely important decisions. One of them was Slaughter v. Trump, a 6-3 decision in which the Supremes overturned the 91-year-old Humphrey’s Executor precedent, granting the president broad authority to remove members of independent federal agencies for any reason. Chief Justice John Roberts wrote that the president must have trusted subordinates to ensure accountability, though the Court exempted the Federal Reserve to preserve its independence. This ruling permanently solidifies President Trump’s earlier removals of Democratic appointees, significantly expanding executive control over critical regulatory bodies, including the National Labor Relations Board, the Federal Trade Commission, and most importantly for MDN readers, the Federal Energy Regulatory Commission (FERC). 
All we can say is, get the heck out of New York while you still can. Sooner or later, property values in the “Empire” State will crash. (Probably sooner rather than later.) Yesterday, the U.S. Court of Appeals for the Second Circuit (2nd Circuit) ruled in support of New York State banning natural gas from being used in new home (and business) construction across the entire state. If it stands, it is the beginning of the end for NY. The end will eventually come when Wall Street firms finally give up and move from New York City to Texas or Florida, completely bankrupting the state from lost revenues.