PA DCNR Publishes Lease Agreements for Deals Under Rivers/Creeks
In February 2015, MDN did a deep dive into the issue of Pennsylvania leasing underneath rivers and streams to allow Marcellus/Utica Shale drilling (see PA DCNR Program Leases Under Rivers/Creeks for Marcellus Drilling). PA maintains the state owns the land underneath any river or creek that is “navigable” and therefore has the right to lease it for drilling, denying the landowners who own the land along the banks of that stream signing bonuses and royalties. It is a thorny issue. Does the state actually “own” the land under rivers and creeks? It’s an issue that (seems to us) should be litigated and decided. In that story in February MDN brought you a list of river and creek deals signed, as of early January, with an indication of who signed and how much the signing bonus was for. At the bottom of that list (we’ve included the list below for your convenience) are six deals with Shell’s SWEPI–five of the deals for tracks of river/creeks in Tioga County, PA, and one in Forest County, PA. Interestingly, the Dept. of Conservation and Natural Resources (DCNR), the state agency doing the leasing on behalf of the state, has just published notification for those six SWEPI deals in the May 2 Pennsylvania Bulletin which include the full details for each deal…
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Tioga County, PA is getting a reputation. No, not THAT kind of reputation silly! Tioga County, PA is getting a reputation for impressive Utica Shale wells. Last September MDN told you that Shell had drilled a pair of Utica wells in Tioga County (see 
PennFuture, the anti-drilling organization that has produced three top lieutenants in the PA Gov. Tom Wolf administration (see Ripping the Face off PennFuture & It’s Former Employees), frequently uses the court system in its attempt to slow or stop the Marcellus industry. One such case was a lawsuit PennFuture filed against Ultra Resources in 2011. Ultra had eight compressor stations scattered across Tioga and Potter counties–all of them many miles apart from each other. PennFuture tried to make the legal argument that all of the compressor stations should be combined together and treated as a single entity for the purposes of the federal Clean Air Act, which would have resulted in either very expensive equipment to reduce each facility’s nitrgen oxide (NOx) output, or perhaps closed some of them down to make the combined total come in under a certain threshold. PennFuture tried to say the eight facilities are “adjacent” for the purpose of the Clean Air Act. Ultra argued adjacent means “next to,” as in sharing a border. It all boils down to what the definition of adjacent means. Earlier this week U.S. District Court for Pennsylvania’s Middle District ruled in favor of Ultra and against PennFuture…
It’s old news, but is just now hitting the public domain. PVR Midstream, which is now part of Regency Energy Partners (see 
We’ve got some bad blood happening between EQT–a big Marcellus driller headquartered in Pittsburgh, PA–and the PA Dept. of Environmental Protection (DEP). The DEP has just filed a lawsuit against EQT to force the company to cough up a new record–$4.53 million in fines–for a leaky wastewater impoundment in Tioga County, PA. The fine comes a week after the anti-drilling PA Attorney General, Kathleen Kane, once again abused her office’s powers by filing criminal charges against EQT (see today’s companion story). The DEP says EQT filed for and received permission to build a freshwater impoundment at that location in 2012, but after the impoudment was built, they decided to change and use it for frack wastewater. Problem is, with a wastewater impoundment you need monitoring wells drilled around the impoundment and extra protections that were lacking because it was supposed to be used for freshwater only. EQT then built a second impoundment next to it for wastewater and did install monitoring wells, figuring those monitoring wells would cover both impoundments. The first impoundment leaked and, according to the DEP, EQT just doesn’t get how serious the problems were/are that resulted, and so they’ve slapped them with their biggest single fine ever. EQT is already fighting back both legally and with their own press release…
Shell has had an on-again, off-again, on-again love affair with North American shale (can anyone say “schizophrenia”?). In March, Shell’s new CEO Ben van Beurden said the company was not impressed with American shale plays and cutting back (see 
In a seemingly strange twist, Shell has just picked up more Marcellus and Utica Shale acreage. Say what? Yesterday MDN told you that Rex Energy just bought 208,000 Marcellus acres from Shell in southwest Pennsylvania’s wet gas area (see