PA Landowners Can’t Cancel Lease for Delayed Payments
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…
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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.
Along with acquiring Access Midstream (formerly Chesapeake Midstream), Williams has just acquired a brand new lawsuit. Two Bradford County, PA law firms along with a New Jersey law firm on Tuesday filed a RICO (Racketeer Influenced and Corrupt Organizations Act) lawsuit on behalf of 90 landowners in Bradford County against Chesapeake Energy and Williams Partners (because Williams is now the owner of what was Access Midstream) claiming Chessy and Williams/Access conspired to defraud landowners of royalty money by deducting post-production expenses they had no right to deduct…
The Joint Landowners Coalition of New York (JLCNY) is a 70,000-member group of frustrated landowners who have had their Constitutional property rights stripped away by a spineless governor. In an effort to get the truth out about shale drilling and its affects–both good and bad–the JLCNY has taken to the airways with a periodic (every 3-4 weeks) radio program that airs Sunday evenings for an hour on Binghamton’s WNBF 1290 AM radio station. This past Sunday night the latest program aired and it was a must-listen program. The special guest was Dr. Theodore Them, MD, MS, PhD, MPH. Dr. Them is a specialist in environmental medicine working at Guthrie, the 19th largest health care system in the United States. Dr. Them lives in Bradford County, PA, within five miles of 100+ Marcellus Shale gas wells. Dr. Them was on the program to discuss the so-called “health impacts” report recently delivered by New York State Commissioner of Health Dr. Howard Zucker (see