Chesapeake Scores Court Victory to Prevent PA Royalty Class Action
Sometimes we wish we had gone to law school–to better understand some of the cases involved with oil and gas. This is one of those times. When you read words like “arbitrability,” the eyes start to glaze over. We’ll do our best to summarize some important news for landowners who want to sue Chesapeake over shorted royalty checks. Starting in 2008, Chesapeake Energy, under then-CEO Aubrey McClendon, began leasing acreage in northeastern Pennsylvania for shale drilling. Said drilling happened and in 2013, Scout Petroleum purchased royalty rights from some NEPA landowners. That is, Scout took over receiving the royalty payments in return for giving those landowners an up front, lump sum. In 2014, when it became obvious Chesapeake was using aggressive deductions from royalty payments (i.e. landowners were getting hosed), Scout filed a lawsuit against Chesapeake, requesting (under the lease language) that their grievances against Chessy be arbitrated AND (not specifically under the lease language) that Scout and thousands of other landowners be lumped together into class action arbitration (see Bad to Worse: PA Royalty Owner Asks Court for Chessy Class Action). Scout lost the case over class action and appealed. In late April, an appeals judge found that class action arbitration is not part of the original lease language, express or implied, and therefore is not allowed. Scout is appealing the decision once again. This is far from over, but for now, Chesapeake has a small victory in forcing landowners to file individual lawsuits…
Read More “Chesapeake Scores Court Victory to Prevent PA Royalty Class Action”
Election matters, and elections for governor really matter–at least with respect to shale drilling and pipelines. Here in New York State, where MDN is written, we are ruled by a corrupt autocrat by the name of Andrew Cuomo. Single-handed Cuomo has decided to ban fracking and block new shale gas pipelines (see 
Events related (or of interest) to the Marcellus and Utica Shale, primarily pro-drilling events.
The “best of the rest” – stories that caught MDN’s eye that you may be interested in reading. In today’s lineup: Marcellus/Utica pipeline takeaway projects to the Gulf Coast; Fracking loses a friend, Edward Allees; Shell buys another 1.5 miles of leases for ethane pipe; PA legislators “demand” severance tax; Chemical Safety Board investigates Barbour County explosion at mercaptan facility; GOP Senators tell Trump to dump Paris climate deal; why consensus on energy policy IS possible; OPEC decides to extend production cuts into 2018; and more! 
Hilcorp has woken up and come alive in the Ohio Utica Shale–for the first time this year. The company recently filed for permits to drill three new Utica wells in Columbiana County. Which is interesting. Hilcorp zigs when everyone zags. Most drilling in the Ohio Utica currently happens in southeastern Ohio–in counties like Belmont, Monroe and Guernsey. When the play first became active for shale drilling, much of the early action happened in Carroll County, and Columbiana. But lately (over the past 2-3 years) most drilling moved south. But Hilcorp, with acreage in the northern Utica in both Ohio and Pennsylvania, continues to make money staying north. In fact, Hilcorp has been called the “dominant active prospector” in the northern tier area of the Utica Shale–an area including Columbiana, Mahoning and Trumbull counties in OH and Lawrence and Mercer counties in PA. Hilcorp is strong and steady. They make money when they drill. So we take this as a good sign that drilling is heating up in the northern Utica… 
Major General James A. “Spider” Marks is the former Commanding General, U.S. Army Intelligence Center, and was the senior intelligence officer for the 2003 liberation of Iraq. Since retiring from the military, General Marks has led many business ventures in education, energy, and research, and served as the President and CEO of Global Linguist Solutions, a private company that provided linguistics services to the U.S. military in Iraq and was the largest employer of native Iraqis. He is an on-air national security, military, and intelligence contributor to CNN and an adjunct professor at Georgetown University. Spider Marks doesn’t suffer fools gladly. In an op-ed written for the Harrisburg Patriot-News, Marks takes aim at so-called protesters (paid activists) who ran up a $40 million tab of destruction in North Dakota (paid for by taxpayers) with their so-called protest camp there, and who now are attempting to invade Pennsylvania and recreate the same chaos. Marks calls a spade a spade in his deft column… 
Radical environmental groups are seeking to stop the Energy Transfer Rover Pipeline project by using recent violations as leverage. The FreshWater Accountability Project, begun in Ohio after the Muskingum Watershed Conservancy District signed agreements to sell water to the shale industry, along with Michigan Residents Against the ET Rover Pipeline, filed a complaint with the Federal Energy Regulatory Commission (FERC) on Wednesday asking the federal agency to stop all construction on Rover. The request will almost certainly go nowhere–but Rover’s own actions have opened the door to this action. We understand that accidents happen when drilling horizontally underground for pipelines and that sometimes you get an “inadvertent return” (leak) of drilling mud slipping up to the surface. But it’s tough to explain away a 2 million gallon leak (see 
On Wednesday, the Pennsylvania Senate Majority Policy Committee and Environmental Resources and Energy Committee held a joint hearing to examine the economic benefits natural gas production has brought the Keystone State. MDN friend David Spigelmyer, president of the Marcellus Shale Coalition, was present and let legislators know that PA has become the #2 natural gas producer in the country, and that remarkable feat has brought PA billions of dollars in investment. The investment in new or converted natural gas electric plants alone has reached $10 billion! Thad Hill of Calpine Corporation (nation’s largest generator of electricity from natural gas) also spoke. While the adults were inside talking about serious issues, children in adult bodies were outside misbehaving, as they typically do. Radicals (paid protesters) from Earthworks held a protest rally on the steps of the Capitol where they held up big, black balloons. Yeah, we have no idea what makes them tick either… 
In October 2016, MDN reported that electric company FirstEnergy had begun construction of a new electric substation in Washington County, PA to provide electricity to “support two natural gas processing facilities being developed in the area” (see 
When (not if) the Atlantic Sunrise Pipeline begins construction this summer in Lancaster County, PA, area businesses plan to take advantage of the economic boon that will arrive along with some 250 workers who will build it. Atlantic Sunrise is a $3 billion, 198-mile pipeline project running through 10 Pennsylvania counties to connect Marcellus Shale natural gas from northeastern PA with the Williams’ Transco pipeline in southern Lancaster County. Construction in Lancaster County will last approximately nine months and is projected to inject $75 million in the local economy. What kinds of businesses will benefit? Some include “housing, rental equipment, food sources, welding supplies, waste disposal, construction material, security, fuel, water trucks, concrete services, buses and transportation, auto repair, laundry services, drain tile work and hauling services.” And that’s only some of the services needed. Campgrounds are another business expected to experience a big uptick in demand. According to Williams spokesman Christopher Stockton, “We are encouraging all our construction contractors to utilize local service providers as much as possible.” That’s good news for local businesses. Here’s how local businesses in Lancaster County (and elsewhere) can sign up to get their piece of the Atlantic Sunrise action…