Energy Companies | EQT Corp | Industrywide Issues | Lease & Royalty Payments | Litigation | Statewide WV | West Virginia
EQT Avoids Trial, Settles WV Class Action re Royalty Deductions
Two weeks ago MDN told you about a class action lawsuit that’s been brewing in West Virginia since 2013, brought by 10,000 WV landowners and royalty rights owners against EQT over the company’s practice of deducting post-production expenses from royalty payments (see WV Class Action Against EQT re Royalty Deductions Heads to Court). The trial was set to begin this past Tuesday, but we’re just now learning that late last week EQT settled with the plaintiffs out of court. We don’t have many details. What we do have is confirmation that there’s been a settlement and that the trial was canceled. Here’s the details we have so far.
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In early October MDN reported that the U.S. Court of Appeals for the Fourth Circuit had “vacated” (canceled, overturned) a permit issued by the U.S. Army Corps of Engineers in West Virginia that would allow Mountain Valley Pipeline (MVP) to use a more environmentally friendly form of crossing four rivers in the state than is technically allowed under federal Clean Water Act regulations (see 
In August, the Pennsylvania Commonwealth Court handed PA drillers a partial victory in their quest to block onerous new drilling regulations, part of something called Chapter 78a (see 
In November 2015, MDN first reported on a zoning court case in Westmoreland County, PA that’s still playing out (see 
This is big news that will impact nearly every landowner and shale driller in Pennsylvania. In April, MDN brought you the news that Pennsylvania Superior Court had handed down a decision (known as the “Briggs” case) that has the power to greatly restrict, perhaps even stop, Marcellus drilling in PA (see 
Another bump in the road for National Fuel Gas Company and their Northern Access Expansion pipeline project. Not a major hurdle. Not an apocalypse. Not the end of the line. A bump. The Appellate Division of New York State Supreme Court (in NY, Supreme Court is a low court, one step up from county court), overturned the decision of the lower Supreme Court granting NFG the power of eminent domain to build Northern Access, a project not scheduled to get built until 2022. The attorney who won the case against NFG proclaimed without eminent domain, “The pipeline is dead.” We say he’s dead wrong.
It’s been almost a year since the Federal Energy Regulatory Commission (FERC) granted final approval for the PennEast Pipeline project, a $1 billion, 120-mile natgas pipeline that will stretch from northeast PA to the Trenton area of New Jersey (see 
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It’s been five years in the making, but finally a class action lawsuit that began in 2013, on behalf of 10,000 West Virginia landowners and royalty rights owners against EQT’s practice of deducting post-production expenses from royalty payments, will finally get its day in court in two weeks. That’s what we learn from an extended article published by ProPublica and the Charleston Gazette-Mail on the topic of WV drillers and their practice of “whittling away payments” from rights owners. Just over a month ago MDN told you about an elderly WV couple who won their private lawsuit against EQT on the same matter (see 
The last time we checked in (June) on a brewing frack ban in Penn Township (Westmoreland County), PA, a challenge to a local ordinance which allows Apex Energy and Huntley & Huntley to drill and operate wells rested with a county judge. Things have since rapidly progressed. We’re guessing the local judge ruled in favor of allowing the wells to be drilled because the case was appealed to PA Commonwealth Court. Late last week the judges in Commonwealth Court issued a ruling in favor of Penn Township’s “special exception” permits awarded to Apex Energy, allowing them to drill shale wells.
Last Friday the supremely disappointing U.S. Supreme Court refused to stop a lawsuit brought by lawyers (ab)using a group of 21 children against the United States for not doing enough about mythical man-made global warming (see 
The U.S. Supreme Court is a Supreme Disappointment. Lawyers representing (we’d call it mentally abusing and using) a group of 21 children filed a lawsuit in 2015 that aims to force the end of using all fossil fuels in the United States, to address so called man-made global warming. That case survived numerous challenges and was set to go to trial Oct. 29 in U.S. District Court for the District of Oregon. The Trump Dept. of Justice petitioned the U.S. Supreme Court to stop the case from advancing to trial (see 
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