Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Pike County | Statewide PA | Wayne County
PA Senators Sue DRBC for “Taking” Property re Frack Ban
In a brilliant move aimed at boxing in the Delaware River Basin Commission (DRBC), two northeastern Pennsylvania State Senators–Gene Yaw and Lisa Baker–along with members of the PA Senate Republican Caucus, filed a lawsuit yesterday against the DRBC, accusing the quasi-governmental agency of “taking” the property rights of PA residents without just compensation under the law.
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Last June New Jersey Attorney General Gurbir Grewal filed a brief with the U.S. Supreme Court asking the court to not even consider hearing a case involving PennEast Pipeline (see 
Yesterday U.S. District Judge Robert D. Mariani issued a couple of rulings in the Wayne Land and Mineral Group (WLMG) v. Delaware River Basin Commission (DRBC) lawsuit that should encourage landowners in eastern PA whose property rights have been “taken” by the DRBC. The DRBC has prevented landowners in areas like Wayne and Pike counties from drilling for shale gas under their land for more than a decade.
FirstEnergy is up to its metaphorical rear-end in alligators. Not only has the Ohio Supreme Court blocked (for now) the collection of annual $150 million payments from the residents of Ohio given to FirstEnergy to prop up its uneconomic nuclear power plants, but multiple (over a dozen) lawsuits have been filed against the company by some of FirstEnergy’s biggest investors alleging fraud that has caused the company’s stock price to plummet.
The Ohio Supreme Court just delivered a decision that affects one particular landowner (and former mineral rights owner), but also has implications for all Ohio landowners and rights owners. And by extension, implications for drillers that pay royalty payments. The Supremes found in Gerrity v. Chervenak that the landowners in the case (the Chervenaks) did enough due diligence when searching for the rights owner who had moved out of the area. The Supremes said the landowner performed the proper steps to reclaim ownership of the severed mineral rights under their land.
The Pennsylvania Environmental Hearing Board (EHB), a special court set up to hear appeals of decisions by the Dept. of Environmental Protection (DEP), ruled on Wednesday that Sunoco Pipeline’s Mariner East 2 project does NOT have to reroute around Marsh Creek State Park in Chester County as ordered by the DEP. At least, not yet.
There is an ongoing question of whether or not the Ohio Marketable Titles Act (MTA), which impacts Utica shale rights, can be used to return previously severed mineral rights back to a surface landowner, or whether the MTA is superseded by the Ohio Dormant Minerals Act (DMA). In February 2019, Ohio’s Seventh District Court of Appeals said the MTA *does* still apply to mineral rights. The Seventh Circuit then ruled in a second case in April 2019, reaffirming yet again that yes, MTA applies to mineral rights. The Seventh Circuit ruled in a third case in October 2019 to say YES, the MTA still applies. In April, the Ohio Supreme Court agreed to hear and rule on the matter too (see 
A long-stalled request for permits to build two wastewater injection wells in Belmont County, Ohio has just gotten a boost from the Ohio Supreme Court. Last year MDN told you about New Jersey-based Omni Energy Group and their application to build two new injection wells near St. Clairsville (see 
Energy Transfer (ET) has had enough stonewalling from the Pennsylvania Dept. of Environmental Protection (DEP) with regard to its Revolution Pipeline project. Last month the DEP told ET it could not restart the now-repaired Revolution until the DEP got good and ready to allow it, with no specific timeline offered (see 
Last week MDN told you that the judges of the U.S. Court of Appeals for the Fourth Circuit signaled they will overturn, for a second time, a permit issued by the U.S. Army Corps of Engineers that allows the 92% completed Mountain Valley Pipeline (MVP) from finishing its work by installing pipe under or through creeks and rivers (see 
The clown judges of the U.S. Court of Appeals for the Fourth Circuit (one of whom quotes from children’s books in her opinions) have signaled they will overturn, again (for the second or third time) a permit issued by the U.S. Army Corps of Engineers that allows the 92% completed Mountain Valley Pipeline (MVP) from finishing its work by installing pipe under or through creeks and rivers. We have the Sierra Club to thank for the lawsuit, and colluding liberal Democrat judges to thank for continued obstruction of this legally-permitted project from finishing.
In June 2019 the Cambridge (Massachusetts) Retirement System sued EQT claiming EQT’s executives had made false and misleading statements about their 2017 purchase of Rice Energy–claims about cost efficiencies that never materialized, and claims about the location of Rice leases that were not as close to EQT’s acreage as claimed (see