Third Time the Charm? Hilcorp PA Hearing on Forced Pooling Resched
In Pennsylvania, there is no forced pooling law for Marcellus Shale wells. Forced pooling laws typically say if a majority of landowners are leased in a drilling unit (640 acres, or one square mile), the driller can “force” the other landowners not signed to allow drilling under (not on) their land. However, there’s a loophole in PA for Utica wells. Because Utica wells sit below the Onondaga formation, a 1961 PA law allows forced pooling for Utica wells. Hilcorp is attempting to use that loophole in Lawrence County, PA to force a few recalcitrant landowners to allow drilling (see Hilcorp Lawrence County, PA Forced Pooling Case Update). Hearings on Hilcorp’s forced pooling request have been scheduled and canceled–twice (first in March, then in May). We now have a third date for the hearings–in September…
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The seven Pennsylvania townships that sued and ultimately won the right to gut the Act 13 law over zoning regulations (Robinson, Nockamixon, South Fayette, Peters, Cecil, Mount Pleasant, and the Borough of Yardley) don’t want drilling in their townships, but they sure love the money that comes from drilling. In addition to gutting the zoning provisions in the Act 13 law, the towns bridled when the Public Utility Commission (PUC), acting in accordance with the Act 13 law, withheld money from four of the seven towns for their anti-drilling ordinances that violate state oil and gas drilling law. Yesterday the court said the PUC couldn’t do that anymore–further gutting Act 13. However, three other outstanding issues about Act 13 were decided in favor of the drilling industry, including the so-called doctor “gag rule”…