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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Something troubling for MDN. The Constitution Pipeline, a 125-mile pipeline that will stretch from the gas fields of Susquehanna County, PA into New York–to Schoharie County, has been approved by the Federal Energy Regulatory Commission (FERC), a multi-year process. The only thing keeping Williams from starting up the backhoes and beginning to lay pipeline is New York State–specifically the state’s Dept. of Environmental Conservation (DEC). The DEC must grant what’s called a 401 Water Quality Certificate that allows the Constitution to lay pipe through and under swamps, creeks and other bodies of water. The DEC ran a series of public hearings on it, one of which MDN editor Jim Willis attended in January (see 
Book ’em, Danno!” Remember that phrase from the original Hawaii 5-0 television series that aired from 1968-1980? Jack Lord was great as Steve McGarrett. That’s the image we immediately had when reading a story about the U.S. Environmental Protection Agency executing a search warrant at a Vienna Township, OH brine injection well. The EPA was looking for evidence in an “environmental crime.” We have to confess we find the whole concept of “environmental crime” somewhat silly. You have violations of regulations–sometimes egregious and yes, criminal. But we detect a shift by anti-drillers to move the debate into turning what are sometimes pure accidents, other times neglect, but rarely intentional activities into “crimes.” The law-breaking Attorney General of Pennsylvania, Kathleen Kane, is famous for this. After taking office she targeted XTO Energy for what she says is a “crime” that happened several years before she took office. The “crime”? An accidental spill of wastewater. That’s how these people operate. Salem witch hunt kind of attitude–they’re frackers, burn them at the stake! Back to Vienna. The EPA in search of a crime worked with the OH Attorney General’s office and the OH Bureau of Criminal Investigation to raid the injection well facility to find “evidence” of a crime after a recent spill at the facility…