Ohio Court Rules Marketable Title Act Applies re Mineral Rights
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rights, can be used to return previously severed mineral rights back to a surface landowner, or whether the MTA is superseded by Ohio Dormant Minerals Act (DMA). In February, Ohio’s Seventh District Court of Appeals said the MTA *does* still apply to mineral rights (see OH Court Says Marketable Title Act Applies to O&G Rights). The Seventh Circuit recently ruled in a second case reaffirming yet again that yes, MTA applies to mineral rights.
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A group of radical leftist groups filed briefs in federal court last Friday asking the court to overturn the Federal Energy Regulatory Commission’s decision from 2017 that approves and allows the 600-mile Atlantic Coast Pipeline (ACP). The court case, before the D.C. Circuit Court of Appeals, is the next phase of the battle over ACP. We name names below for which non-profit agencies should have their tax exemption ripped away because of their overt political activities in opposing ACP.
In addition to the Federal Energy Regulatory Commission (FERC) slapping down the New York DEC this week (see our lead story), on Wednesday the D.C. Circuit Court of Appeals slapped down both New York and North Carolina regulators who tried to block three important Williams pipeline projects, all related to the mighty Transco Pipeline.
Last November the Pennsylvania Supreme Court agreed to hear a case, Briggs v. Southwestern Energy, that is hands-down the most important court case to ever happen regarding the Marcellus Shale in PA. And no, we’re not exaggerating. A blizzard of briefs by Southwestern and those supporting Southwestern were filed in February (see 
A notable development in a lawsuit that before now, we were unaware of. Several landowners in Venango County (northwest PA) filed a lawsuit against Shell’s SWEPI drilling subsidiary in 2013 claiming SWEPI had stiffed them out of lease bonus payments due under duly signed lease contracts. The landowners attempted to turn the lawsuit into a class action, claiming the same thing had happened for about 300 leases in the area. A federal judge has just ruled against converting the lawsuit into a class action.
A second lawsuit we’re reporting on today that had previously slipped by our usually good radar. A former Cabot Oil & Gas employee filed a lawsuit in October 2017 alleging that he and a number of other “employees” had been stiffed out of overtime payments by Cabot–that Cabot had treated them as independent contractors rather than as employees. The lawsuit was granted class certification.
Pennsylvania towns that pass sketchy local ordinances that skirt state laws are on notice: It’s going to cost you. Big. For the past several years we’ve reported on the case of Grant Township, PA that passed an ordinance cooked up by the radical Community Environmental Legal Defense Fund (CELDF) to try and block a state-approved injection well. The ordinance was tossed by a judge, and now the town will have to pay $102,000 in legal fees incurred by the operator.
This stuff makes us angry. Just yesterday we told you about a contractor using the sleazy tactic of filing “mechanic’s liens” against landowners in western New York State because of a payment dispute with the company building a wind farm on their property (see 
Last December a federal judge in New Jersey upheld eminent domain power for PennEast Pipeline for ALL of NJ, where there are 136 holdout landowners who have refused to allow PennEast surveyors on their property (see 
In February MDN told you about an important decision by the DC Circuit Court of Appeals that has the potential to override New York State and allow both the Constitution Pipeline and Northern Access Pipeline projects to get built (see 
In Nov. 2017 the Ohio Attorney General’s office under then-AG Mike Dewine (RINO swamp dweller, now governor) sued Energy Transfer at the prompting of the Ohio EPA claiming the company’s Rover Pipeline project was guilty of “polluting state waters while constructing a natural gas pipeline across Ohio” (see 
A group of Pennsylvania landowners from Lancaster County are begging the U.S. Supreme Court to hear a case in which they say they’ve been screwed over by Atlantic Sunrise Pipeline.