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Revisiting the PA AG Royalty Case Against Chesapeake Energy
It’s time to revisit a long-festering royalty lawsuit against Chesapeake Energy and Anadarko Petroleum filed by the Pennsylvania Attorney General’s office. The case has been through several layers of courts and finally ended up at the PA Supreme Court last fall (see PA Supremes to Consider Long-Running Chesapeake Royalty Lawsuit). The lawsuit hinges on the answer to this question: Are landowners/royalty owners the buyers or the sellers in cases of royalty leases?
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How much of an effort is “enough” when a surface landowner in Ohio tries to locate the owner(s) of the belowground mineral rights under his or her land using the Dormant Mineral Act (DMA)? Is it enough to search the public record archive in the county where the land is located? The Ohio Supreme Court recently ruled in a case to say no, it’s not enough to run a quick search in one county when attempting to locate mineral rights owners.
Do you remember the child’s game called “Simon Says”? That’s what we were thinking when we read about a lawsuit in Ohio by landowners against a group of shale drillers. The lawsuit, initiated by several landowners in Belmont County, OH, claims the drillers drilled too deep–into the Point Pleasant rock layer–when the leases signed only mention the Utica rock layer. The lawsuit, which is seeking class action status, claims “unjust enrichment” by the drillers.
Last November MDN told you that Northeast Natural Energy, a small-to-midsized driller headquartered in Morgantown, WV, had lost an arbitration battle and owed a group of landowners in central Pennsylvania $7.9 million in payments for NOT drilling on their land (see 
In May a Montana federal judge appointed by Barack Obama capriciously blocked the use of U.S. Army Corps of Engineers Nationwide Permit (NP) 12 for all pipeline projects across the country (see 
We’ve had enough of activist leftist judges attempting to shut down the will of the people by using obscure legal loopholes as their justification–when the real reason for the action is to block President Trump and fossil fuels. A U.S. District Court judge appointed by Barack Hussein Obama, Judge James Boasberg (D.C. Circuit) has ordered the Dakota Access oil pipeline in the Midwest to stop flowing oil because he doesn’t like it.
On Sunday a week ago (June 28) Chesapeake Energy filed for bankruptcy (see 
In 2016 MDN told you about the Holleran family who didn’t want the much-needed Constitution Pipeline to cross their land in Susquehanna County, PA (see 
Earlier this week MDN brought you the news that Chesapeake Energy is asking a bankruptcy court in Texas for permission to break valid and legal contracts with several pipeline companies as part of its financial reorganization plan (see 
Yesterday the U.S. Court of Appeals for the District of Columbia (DC Circuit) handed down a decision that was expected, but sad nonetheless. The court told the Federal Energy Regulatory Commission (FERC) it can no longer use “tolling orders” to stretch out the time to respond to a “rehearing” request when a FERC decision has been challenged. It sounds complicated. The simple version is FERC no longer has the ability to prevent anti-fossil fuel Big Green groups (with loads of money) from challenging each and every pipeline decision FERC makes in court, tying up those decisions for years at a time. Antis now have free rein to game the system and shut down new pipelines from getting built.
The media spin machine and anti-fossil fuelers are in overdrive, but they can’t paper over this fact: Yesterday the U.S. Supreme Court expressed a very loud and clear interest in hearing the PennEast Pipeline vs. New Jersey case–and that spells bad news for NJ and its radical Attorney General who is trying to block the pipeline from entering the state.
Former Chester County, PA District Attorney Tom Hogan (RINO), and his successor Deb Ryan (Democrat) are 100% humiliated after a Chester County Magisterial District Judge dismissed the entire case against the local head of security for Energy Transfer in what the DA’s office lyingly calls a “buy a badge scheme.” Judge John Bailey dismissed all 54 criminal counts against Frank Recknagel over his hiring of constables as off-duty security guards for the Mariner East pipeline project. The DA’s office tried to criminalize moonlighting for the pipeline.
A landowner in Allegany County, NY who tried to block National Fuel Gas Company (NFG) from crossing her property with its Northern Access Pipeline to flow PA fracked gas into the Empire State, has failed. Last week New York’s highest court, called the State Court of Appeals, overturned a lower court ruling. The high court decision clears the way for NFG to use eminent domain to cross the woman’s property when (not if) the pipeline gets built.
We should have guessed this was coming. A New York City law firm has launched what it hopes will turn into a class action lawsuit against Cabot Oil & Gas for securities fraud following the sleazy attempt by Pennsylvania Attorney General Josh Shapiro to turn a 12-year-old accident (methane migration) into a felony (see 
Coincidentally we have a second story today about pipe welding inspectors. In another post, we tell you about a pipeline welding inspector who falsified records (see ME2 Pipe Worker in SWPA Admits Falsifying Welding Records 77 Times), which is very much the exception and not the rule. In this second story, an inspector who worked for Equitrans Midstream has filed what he hopes will become a class action lawsuit against the Equitrans, claiming he and others were jilted out of overtime pay.