PA Briggs “Rule of Capture” Case Turns on Concept of Drainage
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 PA Superior Court Overturns “Rule of Capture” for Marcellus Well and PA “Rule of Capture” Case has Power to Limit Marcellus Drilling). The issue, in brief, is that the Superior Court decision disallows using an age-old principle called the “rule of capture” when it comes to shale drilling and fracking. It opens the door to a myriad of frivolous lawsuits claiming that a fracture, a crack created during fracking, is draining gas from a neighbor’s property without justly compensating the neighbor for the gas. Southwestern successfully argued in a lower court that the odd crack here and there that may slip under a neighbor’s property is permissible. The landowner appealed to Superior Court and three judges heard the case. Two of the three overturned the lower court and sided with the landowner. Southwestern, following that decision, petitioned the Superior Court to have all of the sitting justices (called en banc) hear the case. Sadly, in June the Superiors proved they aren’t so superior after all, declining to rehear the case (see PA Superior Court Rejects Southwestern “Briggs” Trespass Appeal). Southwestern then appealed the case to the PA Supreme Court in early July (see Southwestern Appeals “Briggs” Trespass Case to PA Supreme Court). No word yet on whether or not the Supremes will take the case. In the meantime, this case and its ultimate effect on drilling in PA and beyond is still a hot topic of discussion throughout the industry. We spotted two recent articles tackling it–one from a lawyer who does a great job of crystallizing the important elements in the case–that this case turns on the concept of drainage, and the other article which tackles the broader topic of how energy law in PA is charting its own path separate from Texas and other big oil/gas states…
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The usual suspects from Johns Hopkins University, working with researchers from the University of California, Berkeley, have completely soiled themselves this time. It’s really kind of embarrassing. In a “study” just published in Nature, researchers claim they have found a link between living near fracking sites in Pennsylvania and an increased incidence of being *mildly* depressed. We get mildly depressed just reading this drivel. Maybe there’s a link between junk science and mild depression? Launch a study! The research team this time around includes a fellow from the Post Carbon Institute, a rabidly anti-fossil fuel organization that has called fracking a “virus.” You can tell just how biased and false this study truly is just based on the wackos who published it. The “study” is titled, “Associations of unconventional natural gas development with depression symptoms and disordered sleep in Pennsylvania” (full copy below). It’s not even real research. They used a bunch of medical records from a local hospital network (Geisinger) and didn’t actually interview anyone themselves. Totally made up. Total fiction. That’s what you need to know about the latest attack on Marcellus drilling…
An interesting development on Friday, when the Pennsylvania Dept. of Environmental Protection (DEP) issued a press release to announced that three radical environmental groups have dropped their objections to permits the DEP previously granted for the Mariner East 2 Pipeline. Clean Air Council, Mountain Watershed Association, and THE Delaware Riverkeeper “settled” their appeal of 20 permits issued to Sunoco for the ME2 project. What does it mean that they “settled?” According to the announcement, “The settlement does not alter any of the 20 permits in the appeal.” In other words, this is face-saving by the radical groups. They backed down. Gave up. Threw in the towel–recognizing that ME2 is about to be completed. In other words, they’ve lost. And we won! We love saying that. No matter how hard the radicals tried to spin the news (via their affiliated mouthpieces, like StateImpact Pennsylvania), you simply can’t gloss over the fact that they’ve backed down…
Yesterday the Pennsylvania Department of Environmental Protection (DEP) issued administrative orders requiring three oil and gas companies–Alliance Petroleum Corporation (a subsidiary of Diversified Gas & Oil), XTO Energy, and CNX Resources–to plug 1,058 abandoned oil and gas wells across Pennsylvania. Alliance has 638 wells, CNX has 327, and XTO has 93. In a quick scan of the list of wells to be plugged, we didn’t spot a single shale well. All 1,058 wells are conventional/vertical wells. So why is this news for MDN? Because all three drillers (but in particular CNX and XTO) drill shale wells, and plugging old conventional wells takes time and money–time and money that could be spent on drilling shale wells. It takes anywhere from $10,000 to $100,000 to plug an abandoned conventional oil/gas well. Most of the wells are located in the southwestern part of the state. CNX responded that in reviewing the list, some 190 of the wells in their list (out of 327) were part of a recent asset sale. Here’s the details on where, and how long these companies have, to plug old/abandoned oil and gas wells…
It’s probably self-evident to most people that if you slap a ban on new leasing of state land for shale drilling, as was first done by liberal Democrat Ed Rendell, and later solidified by liberal Democrat Gov. Tom Wolf, it will result in (tada!) less drilling on state land. That’s the conclusion of an updated report just issued by the Dept. of Conservation and Natural Resources (DCNR). The “Shale Gas Monitoring Report” (full copy below) was first published in 2014. An updated second edition of the report was just issued by DCNR. It shows: gas development on state forest lands has “slowed considerably” since 2014; even though roads to interior parts of forests have been improved (paid for by shale drillers), some folks would rather have “pristine” dirt roads full of potholes instead; there has been a growth of “invasive” plants, perhaps carried into forests by hitching a ride on drilling equipment; drilling hasn’t affected the quality of nearby creeks and rivers. Here’s an overview of the report, followed by a copy of the full 202-page report…
Last week MDN brought you the exciting news that Williams says their $3 billion Atlantic Sunrise Pipeline that runs through 10 Pennsylvania counties to connect Marcellus Shale natural gas from northeastern PA with the Williams’ Transco pipeline in southern Lancaster County will go online in August (see 
If this doesn’t beat all. In an explosive expose from NBC News (yes, NBC News), some of the biggest names in the Big Green movement, including some in the Marcellus/Utica region, are secretly investing in oil and gas companies while at the same time demanding that banks, investment firms, pension funds, state governments and others divest from the same companies they invest in! In one case, the tax-exempt William Penn Foundation, which backs rabid anti-fossil fuel/divestment groups like THE Delaware Riverkeeper and the Philadelphia-based Clean Air Council, actually invests in (yes) oil and gas companies. The profits from William Penn’s fossil fuel investments are then used to fund groups attacking fossil fuel companies. Mind boggling. It’s yet another case of “do what I say, not what I do” when it comes to the left in this country. We’re just amazed that NBC (a big fake news organization) actually reported it…
In July 2012, the PA Department of Environmental Protection (DEP) announced a one-year study that will look at impacts on air quality from Marcellus drilling and the infrastructure (pipelines and compressor plants) that comes with shale gas drilling (see 
On Tuesday, Pennsylvania State Rep. Chris Quinn (R-Delaware) hosted a House Republican Policy Committee meeting at the Penn State Brandywine Campus (Delaware County) to discuss pipeline safety, construction and siting issues in Chester and Delaware counties. The real aim of the session was to focus on Sunoco Logistics Partners’ Mariner East 2 (ME2) pipeline project–a state-regulated project not under the purview of the Federal Energy Regulatory Commission. Eve Miari of the Clean Air Council and Virginia Marcille-Kerslake from West Whiteland Residents for Pipeline Safety were there to provide an overview of concerns by “the community” with siting and building ME2. MDN friend Garland Thompson, a contributing editor for US Black Engineer & Information Technology magazine, attended the session and wrote a report (below). As usual, Garland does a terrific job in capturing the key points of what was discussed. Spoiler alert: While Garland found Miari and Marcille-Kerslake’s testimony heart-felt, their allegations that nobody was/is in charge of siting a project like ME2, and that Sunoco is not being “transparent” in their building of ME2, were skewered, point by point by point. Here is clear, honest, accurate reporting you won’t get anywhere else…
Pennsylvania Gov. Tom Wolf’s Dept. of Environmental Protection (DEP), the agency charged with overseeing oil and gas drilling in the state, “blindsided” the shale industry in February with a proposal to hike the fee required when submitting an application to drill a new shale well (see 
Natural gas production in the U.S. has rocketed skyward in just the past few weeks. According to the experts at RBN Energy, “the abruptness and sheer strength with which production has surged” has “taken the market by surprise.” Gas production rose in every region of the country, but it rocketed in one region in particular. Yep, in the Marcellus/Utica. When you look at how much our region was producing on June 7, and then again on June 28, the difference in just those three weeks is astonishing. Production of natgas soared and was 600 million cubic feet per day higher on June 28 than three weeks prior. Amazing! But production did not increase in every area of the Marcellus/Utica region. In one area, production decreased. Below you’ll find out where production went up, and where it went down in the M-U in June…
This one was easy to predict, because it follows a tried-and-true pattern used by leftists for decades. PA Gov. Wolf’s Administration has been fiddling with proposed regulations to cut down on fugitive methane emissions from drilling and pipelines for years. The regulations are known as General Permit 5 (GP-5) and General Permit 5A (GP-5A). GP-5 applies to pipelines and compressor stations, while GP-5A applies to well pads and drilling. In June, the PA Dept. of Environmental Protection, author of the revised regs, floated its final final final final version of the regs (see 
Southwestern Energy has taken the next step of appealing the “Briggs” trespass case to the Pennsylvania Supreme Court–a case of tremendous importance. 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 