PA Supreme Court Hears Arguments on DEP Request to Unblock Regs
In October 2016, after five years in the making, Pennsylvania adopted new shale drilling regulations (see PA’s New Chapter 78a Drilling Regs Go into Effect Oct 8). Although the regs were ready at the end of the Gov. Tom Corbett Administration, Corbett fumbled the ball and the regs didn’t get adopted, which left them vulnerable to the incoming left-leaning Tom Wolf Administration. Wolf’s people mangled the regulations under the Dept. of Environmental Protection (DEP) Dictator/Secretary John Quigley, who got fired over unethical collusion with Big Green groups. Some of the good stuff remained, but onerous new elements were introduced. The Marcellus Shale Coalition (MSC), which represents PA’s biggest shale drillers, filed an appeal in Commonwealth Court to block the most onerous aspects of the new regulations (see Marc. Shale Coalition Files Lawsuit to Block PA Chapter 78a Regs). The judge agreed to “temporarily” block some of the items in the MSC list (see PA Judge Temporarily Blocks Some DEP Chapter 78a Drilling Regs). In December, the DEP escalated the case by asking the PA Supreme Court to undo the block on those regulations imposed by the lower Commonwealth Court (see PA DEP Asks Supreme Court to Overturn Stay on New Regs). Yesterday the Supremes heard oral arguments in the case. Although one activist justice (Sallie Updyke Mundy) seems to want to grant the DEP’s request to allow the stopped rules from going into effect, several other justices appear to want to let the issue play out in the lower Commonwealth Court, preferring to goose the lower court into speedier action…
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Huntley & Huntley has plans to drill shale wells in Upper Burrell Township (Westmoreland County), PA. As MDN reported in June, a landowner in Upper Burrell filed an appeal against Upper Burrell’s zoning ordinance that allows drilling in rural, agricultural districts (see 
In July MDN told you that puppets of the PA-based Community Environmental Legal Defense Fund (CELDF) have once again gotten enough signatures to put a so-called Community Bill of Rights (i.e. frack ban) ballot measure on the ballot this November in Youngstown, Ohio for a 7th time (see 
Antis certainly learn from one another. If an anti-fossil fuel tactic works (in court) in one place, antis in other locations jump on it like white on rice. Ninny nanny antis in the Chenango Valley School District (suburb of Binghamton, NY) got their knickers in a twist when NG Advantage proposed building a “virtual pipeline” project about a mile from one of their schools. A virtual pipe is a compressor station that compresses gas from a pipeline (the Millennium in this case) and loads it onto specially fitted tanker trucks to haul the gas to industrial users. The school paid $40,000+ for an outside-the-area law firm, which sued and in a county-level court (called “Supreme Court” in quirky NY). The Big Money law firm won the case, convincing the judge to proclaim that the local planning board didn’t do a good enough job in considering NG’s application (see 
An update in the ongoing case of a proposed injection well in Highland Township (Elk County), PA. In 2013 the radical leftist group Community Environmental Legal Defense Fund (CELDF) convinced ignoramuses in Highland Township to pass a so-called Community Bill of Rights. Seneca Resources, a driller with leases and an active drilling program in Elk, had planned to drill an injection well on their own property to dispose of their own flowback and produced water. The CELDF-inspired ordinance in Highland prevented it, and Seneca threatened to sue the town (see 
The deep pockets of the radical Big Green group, the Sierra Club, continue to vex the oil and gas industry. The Sierra Club is involved in so many lawsuits against our industry, you literally need a score card to keep track. Three of the cases the Clubbers have on deck come before the D.C. Circuit Court of Appeals in two weeks–on Oct. 18th. The three cases involve Federal Energy Regulatory Commission (FERC) approved LNG export projects. One of the three is Dominion’s Cove Point project, which is due to export its first shipment this month or next (see 
In August the D.C. Court of Appeals ruled in a case that (we previously thought) may have long-term, very negative consequences for the oil and gas industry related to pipeline development (see 
Back in May MDN told you about the antis running the City of Green, Ohio (see 
One of the interesting breakout sessions MDN editor Jim Willis attended at last week’s Shale Insight event in Pittsburgh was a panel of lawyers discussing recent rulings in the Marcellus/Utica related to eminent domain and royalties. Sitting with the lawyers was a non-lawyer panelist from Williams. Aaron Blair is right-of-way manager for Williams in the northeast. He managed securing easements for the Atlantic Sunrise Pipeline project, Williams’ $3 billion, 198-mile pipeline project running through 10 Pennsylvania counties to connect Marcellus Shale natural gas from northeastern PA with the Williams’ Transco pipeline in southern Lancaster County. The lawyers on the panel peppered Blair with questions about his strategy for securing rights. Blair’s strategy boils down to this: if/when you need to file for eminent domain, do so in federal, NOT Pennsylvania state court (and certainly not with appointed commissions). Blair finds federal judges know the law and stick to the law–and the case law with regard to eminent domain, whether you like it or not, is quite clear when it comes to pipelines. Atlantic Sunrise began with needing leases from about 950 landowners. In the end, just under 50 of them had to be settled with eminent domain proceedings in court. Here’s an overview of what Blair said on the panel…
Landowners in Wayne (and Pike) counties in northeastern Pennsylvania are not going to stand by and allow their property rights to be stripped away from them. Two weeks ago the Delaware River Basin Commission (DRBC), which has had an ongoing, “temporary” ban on fracking within the Delaware River Basin since 2010, voted to begin the process of implementing a permanent ban (see 
Lone Pine Resources, a U.S.-based driller, has a huge amount of Canadian Utica Shale acreage in the province of Quebec. As we reported in 2012, they own 398,850 gross (240,320 net) acres of leases (see 
A group of Catholic nuns in Lancaster County called Adorers of the Blood of Christ have tried several strategies to derail the Williams Atlantic Sunrise Pipeline (ASP) project. One of stunts they have pulled, in league with a radical Big Green group, is to stick a few wooden park benches in the middle of a corn field that they own (leased to a local farmer), and call it a “chapel” (see 
Back in March MDN told you about an Ohio landowner with an old oil and gas lease where a conventional (vertical only) well was drilled–and still producing–suing the energy company, telling the company to either explore the shale layer, or severe the lease rights to shale so the landowner can lease it to someone who will go after the shale (see 
In early September, a Broome County, NY judge ruled that the Town of Fenton (Binghamton area) Planning Board did not take a hard enough look at environmental and traffic issues related to their approval of NG Advantage’s plan to construct a facility in the town to compress and load natural gas onto tractor trailers for delivery to regional customers who desperately need the gas–what is called a “virtual pipeline” (see 
Some big news that both Cabot Oil & Gas and the two families suing them seem to want to keep quiet: they’ve settled out of court. Brief background for those new to MDN and to the “Dimock” story: There were 14 families along the Carter Road area of Dimock Township, PA (Susquehanna County) that reportedly experienced turbidity in their water from methane migrating, supposedly from Cabot’s drilling operations nearby. The state Dept. of Environmental Protection (DEP) investigated in 2010 and declared Cabot guilty and imposed stiff fines and requirements, including a requirement to install permanent water treatment systems at each home and even an offer to each of the families to pay twice what their property was worth at the time (see