Litigation

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    OH Supremes to Decide if Landowner Getting Free Gas can End Lease

    Here’s a case in Ohio that has the potential to impact Utica Shale, as well as conventional, leases. According to OOGA (the Ohio Oil and Gas Association) it has the potential to affect “the validity and viability of thousands of oil and gas leases across the state.” In brief, a conventional gas well was drilled on property in Washington County, OH in 1951. The landowner later agreed to exchange royalty payments for free, unlimited gas to her home. Leases can be terminated if they stop producing profitable amounts of oil and gas. Between 1977 and 1981 there was no commercial sale of gas from the well–but the landowner kept getting her free gas. Using that five-year period of time of no commercial output, the landowner filed paperwork to declare the lease has been terminated and reverts back to her, the landowner. The driller says she continued receiving her “royalty payments” (i.e. free gas) even though nothing was sold from the well–and that’s enough to keep the lease in effect. There appear to be strong arguments on both parts, and apparently this arrangement of receiving free gas in lieu of royalty payments is not uncommon in Ohio. So the Ohio Supreme Court will decide, having recently heard oral arguments…
    Read More “OH Supremes to Decide if Landowner Getting Free Gas can End Lease”

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    Wayne County Landowner Files Brief in Case Against DRBC Frack Ban

    Whatever happened to the lawsuit filed by a Wayne County, PA landowner against the egregious overreach by the Delaware River Basin Commission (DRBC) in its ongoing stall/delay/block of any shale drilling within the Basin? In March, MDN reported that U.S. District Judge Robert Mariani ruled against the Wayne landowner in a lawsuit that challenged the right of the DRBC to stop fracking in the Delaware River Basin (see Judge Tosses Wayne County, PA Landowner Lawsuit Against DRBC). At first blush, it may seem like a setback for landowners in Wayne and Pike Counties who have been denied the right to lease and allow drilling under their land for the past 10 years. But looks can be deceiving. As we pointed out in our article, if you read the judge’s decision, he harpoons all of the DRBC’s legal arguments, but in the end rules against the landowner. Why? Because the judge wanted to send the case to a higher court for an ultimate decision–the 3rd Circuit Court of Appeals. In fact, Judge Mariani set up the appeal of the case perfectly, we’d say intentionally, and that has the DRBC and their cohorts at THE Delaware Riverkeeper really nervous (see Wayne Co. Landowner Welcomes Decision in Dismissed DRBC Lawsuit). We have an update. The Wayne landowners filed their court brief in an appeal of the case yesterday. The case turns on the concept of what constitutes a “project” for the DRBC. The DRBC claims that all gas well pads, drilling, etc.–anything that uses water within the Basin–is a “project” as defined under the original compact forming the DRBC, and therefore under their jurisdiction. The lawsuit (an excellent read, full copy below) states such a reading of the original compact, and based on 40 years of history since that time, says otherwise. Just because you push dirt around and use some water, does not mean that activity falls under the DRBC’s current overreach in defining a project. The lawsuit askes the 3rd Circuit to rule on what is, and what is not, a project for the DRBC…
    Read More “Wayne County Landowner Files Brief in Case Against DRBC Frack Ban”

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    WV Leads 11-State Group Supporting EPA’s Move to Delay Obama Rule

    Kudos to West Virginia and its Attorney General, Patrick Morrisey, for leading the charge (along with 10 other states) to stop the Environmental Protection Agency’s implementation of the Obama methane rule. Earlier this month the Trump EPA filed paperwork to stop implementation of the egregious and illegal rule (see Beginning of the End: EPA Issues 90-Day Stay for Methane Rule). The federal government cannot regulate oil and gas, that’s left up to the states under the Constitution. However, the Obamadroids found a way around that legal limitation by using lawsuits and naked power grabs. The Trump EPA is reversing it. Of course Big Green groups with deep pockets immediately sued to keep the rule going (see Liberal DC Court Asks EPA to Respond to Lawsuit by Radical Enviros). The EPA is defending its right to undo a rule it did, and Morrisey and the other AGs filed a motion to intervene in the case, to help out the Trump EPA…
    Read More “WV Leads 11-State Group Supporting EPA’s Move to Delay Obama Rule”

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    Rover Pipe Settles with OH Historical Group, Pays Additional $1.5M

    Rover Pipeline (i.e. Energy Transfer) has settled an ongoing dispute with the Ohio State Historic Preservation Office (a PRIVATE organization) to pay them $1.5 million in what MDN views as shakedown money. Which is far less than the “asking” price of $1.5 million PER YEAR over the next five years ($7.5 million total). The payment comes after Rover paid the same organization $2.3 million for knocking down a dilapidated old house that was under consideration to be added to the National Register of Historic Places. In addition to the $2.3 million paid for This Old House, the Ohio State Historic Preservation Office said they had worked out a deal with Rover to pay the organization $1.5 million as compensation for something they haven’t even done yet but presumably will do–disturbing other “historic sites” as the pipeline cuts across the state. Apparently the history buffs felt the agreement was for $1.5 million per year over the next five years. Rover said (in so many words), “in your dreams.” No way. So the matter was referred to the Federal Energy Regulatory Commission (FERC) for dispute resolution. Before FERC could render a decision, the history buffs settled with Rover for a one-time additional payment of $1.5 million (a $1.5M bird in the hand is worth more than a $7.5M bird in the bush). Here’s the background for this shakedown, and a copy of the signed agreement stipulating a one-time payment of $1.5 million to the PRIVATE Ohio State Historic Preservation Office…
    Read More “Rover Pipe Settles with OH Historical Group, Pays Additional $1.5M”

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    Sunoco Seeks Injunction Against Radicalized ME2 Pipe Protesters

    You may recall our story about the daughter of a Huntingdon County, PA landowner, radicalized by Big Green groups (as evidenced by her association with well known protesters previously arrested), who took to a tree on her mom’s property in order to illegally stop crews working on tree clearing for the Mariner East 2 pipeline (see PA Anti Literally Goes Up a Tree to Stop Mariner East 2 Pipeline). It ultimately didn’t matter, because Sunoco came back and cut down the few trees they need to cut anyway (see Sunoco Tricks Radicalized Protester – Returns and Cuts More Trees). In December, the up-a-tree girl and her mom (Elise and Ellen Gerhart), with lawyers and backing by Big Green money, launched a final “hail Mary” pass by appealing a case to the PA Commonwealth Court, asking the court to stop the ME2 project by claiming it doesn’t have the right to use eminent domain (see Desperate Antis Try One Last Legal Maneuver to Stop Mariner East 2). Like so many other “hail Mary” desperation passes, this one never found the arms of a receiver. In May, the court turned down the appeal (see Huntingdon Family Lawsuit Against ME2 Pipeline Fails, Game Over). With nothing left to do but break the law in an attempt to block the pipeline from their property, that’s just what the Gerharts have pledged to do. That is, invite in outside help (i.e. paid protesters) to block the path, so Sunoco Logistics Partners can’t build the pipeline across their property. Sunoco has asked a Huntingdon County judge to order the family and the outsiders to step aside, or be thrown in jail…
    Read More “Sunoco Seeks Injunction Against Radicalized ME2 Pipe Protesters”

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    PA Court Rules Fracking Not ‘Abnormally Dangerous’ Under PA Law

    An article in the left-leaning Harrisburg Patriot-News has this incendiary opening: “Is it ‘abnormally dangerous’ to drill and frack for oil under a massive oil refinery, particularly if that well is bored beneath a tank filled with 3.6 million gallons of gasoline? A decision issued by a divided Commonwealth Court panel on Monday will give a Pennsylvania community a chance to find out.” In a court decision filed on Monday, the Commonwealth Court of Pennsylvania will allow a driller to drill and frack a well that is close to (but not directly underneath) the above-ground 3.6 million gallon petroleum tank. At first blush, especially when reading an opening like the one in the Patriot-News story, the average reader would think such a plan is stark raving mad. But when you dig into the details, a far different story emerges. As usual, mainstream media misrepresents many of the facts. We’re here to sort it out for you…
    Read More “PA Court Rules Fracking Not ‘Abnormally Dangerous’ Under PA Law”

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    Westmoreland Zoning Challenge Heads to Court, Delays H&H Drilling

    Westmoreland County townships (Click for larger version)

    In May MDN told you that Huntley & Huntley was conducting seismic surveys in Lower Burrell, in Westmoreland County, PA (see Huntley & Huntley Targets New Drilling in Westmoreland County, PA). When a company begins to conduct seismic surveys, you know that applications for drilling permits are not far behind. Next door to Lower Burrell is Upper Burrell. H&H plans to drill there too. A landowner in Upper Burrell filed an appeal against Upper Burrell’s zoning ordinance that allows drilling in rural, agricultural districts. H&H plans to drill a well near where this woman lives, and she’s arguing such drilling will violate the state’s environmental rights clause and (more importantly), “devalue her property.” Of course nothing of the kind has happened in areas where there is drilling. Quite the opposite, in fact. Still, the lawsuit is stopping H&H from sinking any new holes in the ground. The case was supposed to go to township’s Zoning Hearing Board, but all of the (many) lawyers involved agreed to instead move it to county court, making the process faster and less expensive. The only problem with that is the judge may decide to hold off on a decision until two similar cases are heard and decided by the PA Supreme Court. No telling how long that will take…
    Read More “Westmoreland Zoning Challenge Heads to Court, Delays H&H Drilling”

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    NY School Saddles Taxpayers w/Legal Fees to Oppose Virtual Pipe

    We just knew getting a “virtual pipeline” facility built in ultra-liberal Broome County, NY was proceeding a little too easy. MDN recently told you about a proposed virtual pipeline (i.e. natgas trucking system) coming to MDN’s neighborhood. NG Advantage wants to build a new compressor station and tap into the Millennium Pipeline where it crosses the Chenango River near Port Dickinson, a suburb of Binghamton, in Broome County (see NG Advantage Virtual Pipeline May be Coming to MDN’s Backyard). NG already has three businesses lined up to buy CNG (compressed natural gas) from the project. So-called virtual pipelines compress natural gas and load it onto tanker trucks, and then distribute that gas to businesses that are not fortunate enough to be located near a natgas pipeline. It’s a cool concept that bypasses anti-drilling objections to pipelines. However, virtual pipelines have one negative side-effect for local residents: LOTS of truck traffic. The Town of Fenton Planning Board recently approved the project and although we thought it wasn’t quite yet a done deal, apparently it is a done deal, as a small group of antis learned earlier this week at a Town of Fenton meeting (see NG Advantage Virtual Pipe “Done Deal” in Broome County, Antis Stymied). However, that may not be the end of it. Antis (in New York as elsewhere) don’t fade away without a LOT of loud-mouthed opposition, and a LOT of legal action. Antis are now pegging their hopes to defeat this fossil fuel intruder on the actions of a local school district. The Chenango Valley School District operates the Port Dickinson Elementary school close to (half mile? quarter mile?) the proposed compressor station for the virtual pipeline project. The CV school board voted last night 8-0 to hire a law firm to fight the project, with no cap on how much in legal fees local taxpayers will have to pay for this folly. The clock is now ticking. It’s quite likely the project will get built before it ever sees its first court hearing–and antis know it…
    Read More “NY School Saddles Taxpayers w/Legal Fees to Oppose Virtual Pipe”

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    NEPA Landowners Fight to Sue Chesapeake’s Partners

    We’re going to take a stab at this, and we are not confident we will get it 100% right. With that as a warning, we recently reported that a case brought by landowners in northeastern PA against Chesapeake Energy over unwarranted royalty deductions suffered a bit of a setback (see Chesapeake Scores Court Victory to Prevent PA Royalty Class Action). Essentially, the landowners (in this case Scout Energy) argued that since the leases signed say royalty disputes must go to arbitration, we want mass arbitration. A class action, in other words. In May, U.S. District Judge Matthew Brann of the Middle District of Pennsylvania (overseeing the case) issued an opinion that said Chesapeake is right in demanding each case get arbitrated individually–not as part of a class action. The landowners in four cases (all of which seem to be joined, or at least moving along together) filed briefs last week to make a new argument. And here’s where we are not 100% sure, but we think the argument is this: OK, we have to go to arbitration and now it has to be individually. However, there are other defendants named in the case (Anadarko, Williams, Statoil, Mitsui E&P). Since the lease language says the lease is between the landowner and the driller (i.e. Chesapeake), that means the other defendants are NOT covered by the arbitration clause and we (the landowners) can still sue them as a class action. Why? Because (allegedly) those companies colluded together with Chesapeake to “reduce, restrain or eliminate competition for gas and mineral rights, operations rights and gathering serves in multiple counties in Northern Pennsylvania.” Oy vey! It keeps getting more complicated as the days go by…
    Read More “NEPA Landowners Fight to Sue Chesapeake’s Partners”

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    Radicals File Lawsuit Against WV DEP for Approving MV Pipeline

    A group of profoundly radical “environmental” organizations filed a lawsuit in the U.S. Court of Appeals for the Fourth Circuit last Friday against the West Virginia Dept. of Environmental Protection–for doing their job. Sierra Club, West Virginia Rivers Coalition, Indian Creek Watershed Association, Appalachian Voices and Chesapeake Climate Action Network has sued the DEP because the department had the audacity to conduct a very thorough review, and then issue a stream and water-crossing permit (demanded under federal law) for the Mountain Valley Pipeline (MVP). MVP is a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA. The project, which filed an official application with the Federal Energy Regulatory Commission in October 2015, is being built by EQT, NextEra Energy and several other partners. This is now SOP–standard operating procedure–for Big Green groups with deep pockets. Sue and keep suing in an attempt to slow and eventually kill off any project that remotely involves fossil fuels. Yes, they are RADICAL, they are EXTREME, waaaaaay outside the mainstream of American society. And they MUST BE STOPPED. When will someone launch weekly lawsuits against these Big Green organizations? Here’s the latest maddening development…
    Read More “Radicals File Lawsuit Against WV DEP for Approving MV Pipeline”

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    Exxon Takes Aim at NY AG’s “Heads I Win, Tails You Lose” Witch Hunt

    On Friday, Exxon Mobil took the gloves off and went after the out-of-control New York Attorney General Eric Schneiderman. Last year Schneiderman decided he would try to shake down Exxon for billions of dollars, claiming the company wasn’t being honest with shareholders about the threat of man-made global warming, which doesn’t actually exist. He said Exxon should have done more to warn shareholders that they invest in a filthy, rotten, human-killing Big Oil company–a company whose stock will someday implode. We’ve covered Schneiderman’s witch hunt from the beginning (see our stories here). Schneiderman tried to enlist the assistance of other attorneys general, including the fruity Maura Healy from Massachusetts. Some (like Healy) have stayed with him, others abandoned him when it became obvious Scheiderman was behaving like Captain Ahab in Mody Dick, hunting his own great white whale. Schneiderman originally said Exxon underplayed the threat of global warming. Recently, he changed it up and now says Exxon has overplayed the threat. He’s desperate. On Friday, Exxon, in responding to this latest change in tactic, said Scheiderman is making “inflammatory, reckless and false allegations.” You don’t get any more plain-spoken than that! This is now a bare knuckles fist fight. We’re betting on Exxon…
    Read More “Exxon Takes Aim at NY AG’s “Heads I Win, Tails You Lose” Witch Hunt”

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    Dela. Riverkeeper Loses Martian Case to Stop Rex Energy Drilling

    THE Delaware Riverkeeper (i.e. Maya van Rossum) and a small group of anti-drilling parents from the Mars School District (“Martians”) in Butler County, PA, have just suffered a crushing defeat in their years-long battle to prevent Rex Energy from drilling wells “near” a local school. Backed by money and legal help from Philadelphia Big Green groups Delaware Riverkeeper and Clean Air Council, the Martians filed frivolous lawsuit after frivolous lawsuit. The effort is aimed at denying landowners in Middlesex Township revenue from legally permitted drilling. The lawsuits have cost the taxpayers of Middlesex Township over $80,000 in legal fees. Even amid the back and forth lawsuits, at least two of the wells were permitted and drilled by Rex Energy, despite the bleatings of the Martians (see Martian Victory! 2 Wells Near Mars School Nearly Done Drilling). But that didn’t stop the frivolous lawsuits. Using legal assistance from THE Delaware Riverkeeper, the Martians appealed a town ordinance that allows the wells to be drilled about 3/4 of a mile from the local Mars School. A panel of three western PA judges in Commonwealth Court heard arguments in the case last November (see Martians Use Riverkeeper to Continue Court Battle Against Rex). This week the three-judge panel ruled–against Riverkeeper and the Martians… Read More “Dela. Riverkeeper Loses Martian Case to Stop Rex Energy Drilling”

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    Wyoming County Landowners Organize re Low Royalties; Arbitration?

    Pennsylvania’s landowners, at least many of them, continue to be angry about getting low–or no–royalty checks. That’s not what they signed up for when leasing their property. A group of 200+ landowners packed a meeting last week in Wyoming County, PA to discuss the situation, and what to do next. The meeting was organized by the Pennsylvania Chapter of the National Association of Royalty Owners (NARO). One distinct possibility raised at the meeting: force Chesapeake (and others) into arbitration. NARO’s approach is to push for legislation, specifically PA House Bill (HB) 557 (see PA Rep. Garth Everett Reintroduces Minimum Royalty Bill, 3rd Time). NARO encouraged attendees to share their royalty stories with lawmakers, telling attendees such stories have an impact. Here’s what happened last week in Wyoming County… Read More “Wyoming County Landowners Organize re Low Royalties; Arbitration?”

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    PA Court Rules Compressor, Gas Well Not “Single” Emission Source

    A somewhat obscure court case in Pennsylvania has potentially big implications for drillers who also own pipeline subsidiaries. In Lycoming County, PA, Seneca Resources (subsidiary of National Fuel Gas Company) drilled a series of wells on a pad called Well Pad E. Another NFG subsidiary, NFG Midstream, connected gathering lines to Well Pad E. NFG Midstream operates a compressor station to push the gas through the pipeline system. Both the well pad and the pipeline/compressor station are subject to air emissions regulations by the state Dept. of Environmental Protection (DEP). Each subsidiary on its own–the well pad, and the compressor station–don’t produce enough emissions to trip a costly upgrade in technology. However, if you combine both together into a single “source,” the two together do cross the threshold and would cost NFG big bucks in emissions technology to comply. The DEP lumped both together and told NFG to upgrade their emissions technology. Thing is, if another company owned the pipeline system, say Williams, the DEP would not have tried combining the two into a single source. So NGF appealed the DEP decision to the Environmental Hearing Board (EHB), a quasi-court set up to hear appeals of DEP decisions. The EHB found in favor of the DEP, so NFG appealed it again, this time to PA Commonwealth Court. Last week the court overturned the DEP decision and said just because two subsidiaries have the same parent, you can’t just lump them together as a single source for air emissions regulations… Read More “PA Court Rules Compressor, Gas Well Not “Single” Emission Source”

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    Liberal DC Court Asks EPA to Respond to Lawsuit by Radical Enviros

    Yesterday we reported on the federal Environmental Protection Agency’s wise move to begin the process of rolling back Obama-era regulations on methane, designed to regulate the oil and gas industry (see Beginning of the End: EPA Issues 90-Day Stay for Methane Rule). Big Green groups with deep pockets sued a few days later, claiming the agency that instituted the rules in the first place (the EPA) shouldn’t be able to roll back the rules they themselves made up. Now, a federal court has somewhat agreed, telling the EPA they have to justify themselves by next week. Funny, the same court never tried to stop these rules in the first place, when 15 states sued to block their implementation. It seems the door only swings one way for the far-left Court of Appeals in Washington, D.C…. Read More “Liberal DC Court Asks EPA to Respond to Lawsuit by Radical Enviros”

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    Beginning of the End: EPA Issues 90-Day Stay for Methane Rule

    The federal Environmental Protection Agency (EPA), under the Obama/McCarthy reign of terror, far overstepped its charter by seizing power that didn’t belong to it. In May 2016, the EPA issued new methane rules in a back-door way to try and regulate the oil and gas industry (see EPA Does it Again: Tries to Destroy O&G with New Methane Rule). In pretty short order several states sued to stop the order, which eventually turned into 15 states (see 15 States File Lawsuits to Block EPA O&G Methane Rule). The EPA claimed, at that time, that methane is leaking out of bore holes, pipelines, valves–just about everywhere on a well pad. And methane (as the fairy tale goes) is a gajillion times more “potent” than carbon dioxide when it comes to causing man-made global warming. The problem is, the EPA used estimates, calculations, algorithms, and spreadsheets as their “evidence.” They never went into the field and actually measured anything. Such a field study was done–by the EPA–in the Uinta Shale Basin in Colorado. In research published just last month, the EPA found it had overestimated methane leakage by 97% (see Study Finds Fugitive Methane from O&G 97% Less than EPA Estimates). The only rational thing to do is to stop the EPA’s rule and reevaluate it in light of this new evidence, which the EPA did last week. The EPA put a 90-day “stay” on implementing the Obama methane rule–which marks the beginning of the end for this terrible rule. Earlier this week, a group of radical environmental organizations (some of the worst of the worst) sued the EPA for stopping implementation of this illegal rule based on faulty science…
    Read More “Beginning of the End: EPA Issues 90-Day Stay for Methane Rule”