Statewide PA

Industrywide Issues | Lease & Royalty Payments | Litigation | Pennsylvania | Statewide PA

Court: PA’s Landlord & Tenant Act Doesn’t Apply to Oil/Gas Leases
July 11, 2014July 11, 2014

A Pennsylvania landowner signed an oil and gas lease on 98 acres and later sold part of that acreage to someone else. The someone else promptly filed a “quiet title action” making the argument that the lease is invalid because of the Landlord and Tenant Act of 1951. The quiet title action put a cloud on the title to the property and the whole thing ended up in court. PA Superior Court recently ruled that “no,” the lease is not invalid and not under the purview of the Landlord and Tenant Act. Our friends at top law firm Babst Calland break it down for us…
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Housing | Industrywide Issues | Pennsylvania | Statewide PA | Taxation

PA’s Act 13 Impact Fees Help Fund Affordable Housing
July 9, 2014July 9, 2014

Pennsylvania Gov. Tom Corbett’s office announced yesterday that since 2011, the PA Housing Affordability and Rehabilitation Enhancement Program (PHARE) has invested $49.8 million from natural gas and federal funding sources has been invested in housing initiatives by the Corbett administration to address housing needs created by the growing natural gas industry presence in Pennsylvania. Much of that money has come from Act 13 impact fees…
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Earthquakes | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA DEP Considers New Rules to Prevent Earthquakes from Fracking
July 8, 2014July 8, 2014

The Pennsylvania Dept. of Environmental Protection (DEP) has launched a “massive data mining project” to consider drafting new rules around induced seismicity–or the possibility that in rare circumstances fracking itself may cause low-level earthquakes. What seems to have caught the attention of the DEP is the assumption by their counterparts in Ohio, the Ohio Dept. of Natural Resources (ODNR), that a series of low-level earthquakes near the OH/PA border were in fact due to fracking operations being conducted by Hilcorp (see ODNR Says Youngstown Earthquakes “Probably” Caused by Fracking)…
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Energy Services | Industrywide Issues | Pennsylvania | Pipelines | Statewide PA | Sunoco Logistics

Branding Squabble Among Sunoco Siblings over Mariner East Project
July 7, 2014July 7, 2014

For MDN, an interesting story in the Philadelphia Inquirer tackles the tricky issue of branding and the very visible brand of Sunoco. It seems Sunoco that sells you your gasoline at filling stations across the country is often confused with Sunoco Logistics, the company that builds pipelines, like the Mariner East pipeline. Mariner East would repurpose a pipeline that crosses the state of Pennsylvania from west to southeast and would deliver natural gas liquids, including propane, to the Marcus Hook refinery near Philadelphia. Mariner East has faced still opposition (see More Pushback from PA Residents on Proposed Mariner East Pipeline). Anti-drillers are trying to tarnish the Sunoco name and that has Sunoco the filling station company concerned…
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Industrywide Issues | Pennsylvania | Statewide PA | Taxation

PA Rep’s Economic Illiteracy On Display re Severance Tax
July 3, 2014July 3, 2014

We have to wonder, is PA State Rep. Rosita C. Youngblood (Democrat from Philadelphia) actually brain dead? At a minimum she’s an economic ignoramus, understanding 0% about economics and business and what it takes to make a successful business. Youngblood had the temerity (stupidity?) to write an editorial for the Philadelphia Weekly Press in which she says casinos in the state are taxed 55% of all money that passes through their hands, and therefore a measly 5% (or even 10%) severance tax on shale drilling is peanuts. Uh, Ms. Youngblood, have you ever heard of the concept of risk in business? Or profit?… Read More “PA Rep’s Economic Illiteracy On Display re Severance Tax”
Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

Federal Court Dismisses Doctor Lawsuit re Act 13 “Gag Rule”
July 2, 2014July 2, 2014

The lawsuit brought by seven selfish towns against Pennsylvania’s Act 13 drilling law has had more twists and turns than a back road in the Pocono Mountains. The litigious towns, plus a doctor, sued over various provisions in the Act 13 law. The towns didn’t like being told they couldn’t zone drilling out of existence within their borders, and the doctor didn’t like being told he couldn’t blab drillers’ trade secrets all over the place. So it went to PA’s Supreme Court and they ruled in favor of the towns, but sent parts of the lawsuit back to a lower court, including the doctor’s portion (see Act 13 Goes Back to Lower Court, Disturbing Comments from Judge). A second lawsuit was filed by a different doctor along the same lines (so-called “gag rule”)…
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Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Research | Statewide PA

Yet Another “Natgas Worse than Coal” Study from Tony Ingraffea
July 2, 2014July 2, 2014

Our old friend Tony “shut all fracking down” Ingraffea, who happens to (still) hold a job teaching at Cornell University, is back with yet another “research study” that (surprise!) bashes fracking. Or more properly shale drilling. This time around Tony, who has a lucrative side job by gallivanting from anti-drilling meeting to anti-drilling meeting to spread the word that fracking is evil (see Cornell Hydraulic Fracturing Expert Headlines First Meeting of New York Residents Against Drilling (NYRAD) in Vestal, NY), says shale wells have a higher rate of failure in the cement casings in Pennsylvania and he can prove it. How?…
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Industrywide Issues | Pennsylvania | Statewide PA | Taxation

PA Budget Passes House & Senate with No Severance Tax
July 1, 2014July 1, 2014

Hats off to the Republican-controlled House and Senate in Pennsylvania. They passed a budget on time, before the midnight deadline last evening, and that budget contains just one new tax. Fortunately, it’s not a Marcellus Shale severance tax. So, kudos! However, the budget was not signed by PA Gov. Tom Corbett, also a Republican. He didn’t sign not because it because it didn’t include certain pension reforms he wants. One thing that the Democrats really wanted and the Republicans were only too happy to grant them: A new $2 per pack tax on cigarettes sold in Philadelphia, which is supposed to raise $80 million for Philly schools. Wait til they figure out everyone is fleeing to the suburbs to buy cheap cigs and the new tax fails!…
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Industrywide Issues | Pennsylvania | Roads | Statewide PA | Supply Chain

Another Supply Chain Success Story: Flagger Force
July 1, 2014July 1, 2014

The ingenuity of small business people never ceases to amaze us–especially that of small businesses finding ways to serve, and profit from, the Marcellus and Utica Shale drilling industry. In business circles it’s called the “supply chain”–those companies who find ways of profiting from drilling. The latest company to do so is Flagger Force–a company based in Lancaster County, PA that sends out flaggers (to control traffic) in many surround states beside Pennsylvania. Flagger Force is also a major vendor for drillers in PA…
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Blue Ridge Mtn Res/Magnum Hunter | Energy Companies | Energy Services | GreenHunter Resources | Industrywide Issues | Ohio | Pennsylvania | Pipelines | Statewide OH | Statewide PA | Statewide WV | West Virginia

3 New (Short) Pipelines from GreenHunter in Tri-state Area
June 30, 2014June 30, 2014

GreenHunter Resources, a subsidiary of Magnum Hunter Resources, is making small moves to compete with MarkWest Energy and Williams. Today, GreenHunter announced they are building (in a partnership with Major Pipeline LLC) three new, short pipelines. The three pipelines represent a total of 34 miles of new pipeline, when added together. One pipeline each will be dedicated to brine/wastewater, fresh water, and condensate. Two of the pipelines will originate in southwestern PA and one in WV. All of them will connect with one of GreenHunter’s barge terminals on the Ohio River. Also in the mix is a condensate “splitter”…
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Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

Another PA Senate Bill Seeks to Help Conventional O&G Drillers
June 30, 2014June 30, 2014

MDN recently reported on legislation making headway in Pennsylvania that would split regulations between conventional and unconventional oil and gas operators in the state (see PA Legislation to Split Conventional/Unconventional Regs Advances). A second PA Senate bill, SB1310, is also making its way through the legislative process. MDN views 1310 as a “helper bill” for SB1378. SB1310 would create a new group called the Pennsylvania Grade Crude Development Advisory Council that would be composed of 17 members (yes, it already sounds bloated) to “assist” the PA Secretary of the Dept. of Environment Protection. Assist the secretary with what?…
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Industrywide Issues | Pennsylvania | Statewide PA | Taxation

Corbett Still Says Marcellus Severance Tax a Possibility, if…
June 27, 2014June 27, 2014

We continue to be concerned about PA Gov. Tom Corbett’s resolve when it comes to slapping a Marcellus-killing severance tax on drillers in the state in order to fund a state budget that’s simply spends too much. Our latest concern is with comments he made to an AP reporter yesterday…
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Access Midstream Partners | Chesapeake Energy | Energy Companies | Energy Services | Industrywide Issues | Lease & Royalty Payments | Litigation | Pennsylvania | Statewide PA

2nd PA Class Action Lawsuit Against Chesapeake re Royalty Fraud
June 26, 2014June 26, 2014

We’ve only spotted this news in (so far) two legal publications, but last Friday the Suessenbach Family Limited Partnership, using a Wilkes-Barre, PA law firm, launched a “sprawling class action” lawsuit against Chesapeake Energy and Access Midstream accusing the two companies of a $5 billion scheme to defraud landowners out of royalties rightfully due to them. MDN previously covered how this scheme worked (see Chesapeake Shafting Landowners out of Royalties Mess Gets Messier). This is the second such class action against Chesapeake over royalties in PA we’re aware of (see Bad to Worse: PA Royalty Owner Asks Court for Chessy Class Action). There are all sorts of ramifications from this latest lawsuit…
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Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA Legislation to Split Conventional/Unconventional Regs Advances
June 26, 2014June 26, 2014

In early May three Pennsylvania Republican legislators said they would introduce new legislation to separate regulations for conventional (vertical only) and unconventional (shale) drilling in the state (see New PA Bill Would Separate Conventional/Unconventional Regulations). The intent is to plug some holes, they say exist, in the relatively new Act 13 law that makes small mom-and-pop drillers who sink only vertical wells adhere to regulations meant for big shale drillers. The bills were introduced and they’re now receiving attention and we’d say even likely to pass…
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Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA’s PUC Pro-Drilling Chairman Powelson Leads Mid-Atlantic Group
June 26, 2014June 26, 2014

MDN told you a month ago that the anti-drilling StateImpact Pennsylvania (PBS “reporters”) had claimed another scalp in their anti-drilling campaign by forcing PA Public Utilities Commission chairman Rob Powelson to resign from the Greater Philadelphia Energy Action Team–a Chamber of Commerce organization aimed at promoting business and all forms of energy in the state (see StateImpact PA Claims Another Scalp for their Anti-Drilling Wall). We’re happy to report Powelson has come roaring back. He’s strongly pro-Marcellus drilling and he’s just been sworn in as President of the Mid-Atlantic Conference of Regulatory Utilities Commissioners (MACRUC). It’s good to have a pro-driller in charge of MACRUC…
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Pennsylvania | Statewide PA

Time to Enter Ben Franklin SGICC 2nd Annual EH&S Contest
June 26, 2014June 26, 2014

The Ben Franklin Shale Gas Innovation & Commercialization Center (SGICC) announces they are accepting applications for their second annual Shale Gas Environmental, Health, & Safety Award through August 1st. The award is aimed at Pennsylvania-based small businesses, entrepreneurs, or university researchers who have a proposed or commercially available new technological advancement in the EH&S area for the shale gas industry. The winner will be notified August 15th and receive a special award at this year’s Shale Insight event in Pittsburgh. You may recall the winner of the first EH&S award last September was HalenHardy and their very cool mobile silica air shower (see HalenHardy Wins Ben Franklin EHS Award for Silica Air Shower). Here’s the details for this year’s contest…
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