Decision-time for Landowners in Demchak/Chesapeake Royalty Case
Is the long, sordid affair over Chesapeake Energy screwing Pennsylvania landowners out of royalties finally near an end? Chesapeake and some landowners, part of the “Demchak” class action lawsuit–certainly want you to think so. A year ago MDN told you about a settlement between “several thousand” Pennsylvania landowners and Chesapeake over the royalty issue–Chessy deducting post-production payments by pipeline companies in what some call a scam that leaves landowners signed with Chesapeake receiving royalty checks that are pennies on the dollar compared to what they should receive. The new settlement for those “several thousand” would be 2/3 of $11 million, after the lawyers get their 1/3 cut (see Chesapeake & PA Landowners Settle Royalty Lawsuit…Again). Many PA landowners who are leased with Chesapeake now face a decision–and doing nothing is not an option. The lawyers and the court are about to close the door on what is called the Demchak class action lawsuit. PA landowners with a “market enhancement clause” in their lease should have already received a form letter announcing that unless they opt out of the settlement, they will be included. Below we have an excellent outline of what your options are according to the PA National Association of Royalty Owners (NARO), along with the opinion of one Bradford County landowner who is less than thrilled with the Demchak settlement…
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A complicated court case just decided by Pennsylvania Superior Court has implications for all land and mineral rights owners in PA. The case is called Wright v. Misty Mountain Farm LLC. This is how we understand it. In 1950 Fred and Jeanetta Buck sold some property in Bradford County, PA to Robert and Marjorie Wright. However, the Bucks kept the oil/gas/mineral rights for themselves, having already leased the mineral rights for the property. The mineral rights lease eventually expired in 1971. At that time, Robert and Marjorie Wright, the surface owners, figured with the expiration of the lease, the mineral rights reverted to them–so they signed a lease to allow oil and gas drilling. In 1988 the Wrights signed over the property and the lease to David and Patricia Wright (we’re assuming son and daughter-in-law). David and Patricia signed new leases on the property in both 2001 and again in 2005. Eventually Jeanetta Buck died and in 2010 while reviewing her estate and its assets, Shirley Matthews, administratrix of the estate, discovered/claimed the mineral rights still belonged to the Bucks. So Matthews conveyed the subsurface mineral rights to Misty Mountain Farm LLC. Patricia Wright argued that the when the original lease made by the Bucks in 1950 expired, ownership of the mineral rights also expired–in 1971. A lower court and then the Superior Court disagreed and ruled that unless there is specific language saying that when a lease expires so too do the mineral rights, then the mineral rights still belong to the original rights owner. Whew. Get all that? Bottom line: Just because a lease expires it doesn’t mean the party who owns the mineral rights loses their claim on those rights…
Pennsylvania landowners Andrew and Sally Dewing signed a 10-year lease for 493 acres of land in Bradford County, PA with Central Appalachian Petroleum in April 2001. The lease was later sold to a consortium including Abarta Oil & Gas Co., Talisman Energy USA and Range Resources. The terms of the lease require rent payments of $5 per acre per year ($2,465) for each year when their property has not be drilled on or under. After not receiving payments on time in 2010, the Dewings served the drillers notice of nonpayment. Eventually the three partners figured out who was supposed to pay and made the payment–but because the payment was late (more than 60 days late), the Dewings claimed the lease was terminated under the original terms of the lease. To make a long story short, Pennsylvania Superior Court ruled last Friday that no, the terms of the lease do not allow the Dewings to get out of the lease because the payment was late…
Yesterday the Pennsylvania Dept. of Environmental Protection announced an agreement/settlement with three Marcellus drillers operating in the northeastern portion of the state. The three–Chesapeake Energy, XTO Energy and SWEPI (i.e. Shell) were fined a collective $374,481 for methane migration related to their drilling activities at three locations (three different counties) in 2011 and 2012. The bad news is that 13 private water wells between the three incidents were negatively affected, along with several local creeks. The good news is that the problems are all fixed. Methane migration is an eminently fixable condition. Here are the details for each fine, including what happened and where it happened…
A new research study appearing in an online “journal” with very low standards, PLOS ONE, claims that hydraulic fracturing leads to an increase in hospitalization rates in the Marcellus Shale region. The research study, titled “Unconventional Gas and Oil Drilling Is Associated with Increased Hospital Utilization Rates” (full copy embedded below) on the surface appears to contain damning evidence. Researchers from the University of Pennsylvania and Columbia University looked at hospitalization records for three northeastern Pennsylvania counties from 2007-2011–Bradford, Susquehanna and Wayne. Both Bradford and Susquehanna counties have seen a huge amount of shale drilling over that period. Wayne County, on the other hand, has seen no shale drilling because of the intransigence of the Delaware River Basin Commission and their ongoing frack ban. The researchers say that people in Bradford and Susquehanna counties go to the hospital for serious heart conditions at a rate 27% higher than those in Wayne County. Ergo, there is a connection between fracking and health issues. We are fully in favor of rigorous academic research into issues like this one. But a few things bother us about this latest “fracking kills” study…
The mask has been ripped off fractivist liars peddling what they pretend is science–and it’s been ripped off by mainstream media outlets including the Associated Press, USA Today, the International Business Times and (yes) The New York Times. Let us explain. Last week MDN brought you a story about a new research study that was ostensibly authored by Penn State researchers which found, using “non-traditional” methods of research, that wastewater leaking from an above-ground impoundment had migrated up to a mile and a half away and had contaminated three private water wells in PA–five years ago (see 
We’re passing along a bit of gossip–we call it gossip because we haven’t (yet) been able to verify it, but we believe it to be true. A long-time MDN reader wrote to tell us that he services most of the rigs operating in the Appalachian basin (Marcellus/Utica), and that Southwestern either has or is about to idle two rigs owned and operated by Precision Drilling in northeast PA: Rigs #538 and #539 in Bradford and Susquehanna counties. According to our source, the Bradford County rig was idled last week and the Susquehanna County rig will be idled this week. We don’t know if Southwestern has any remaining active rigs in northeastern PA owned by other companies.