Bradford PA Landowner Rally over Chesapeake Royalty Shenanigans
Landowners in Bradford County, PA feel like they’re getting screwed by Chesapeake Energy on royalty payments, a complaint they’ve been making for some time now (see Bradford County, PA Landowners Sue Chesapeake over Royalties). PA state law guarantees a minimum 12.5% royalty to landowners, but because Chesapeake keeps deducting post-production expenses (like pipeline costs, processing costs, perhaps marketing costs), landowners end up getting squat–in some cases a 1.5% royalty. The landowners have some righteous anger over the issue. More than 100 landowners and officials gathered at the Bradford County Courthouse in Towanda on Friday in a rally to raise awareness of the issue and to support passage of PA House Bill 1648, which would protect landowners from large deductions from their royalty checks for post-production costs.
We applaud these landowners and their elected representatives for seeking justice in this situation. The problem is, they’ve invited a fox into the hen house to help them out. State Senator Gene Yaw, whose district includes Bradford County, along with PA Gov. Tom Corbett, has asked PA’s anti-drilling Attorney General, Kathleen Kane, to investigate Chesapeake and this matter of landowners getting shorted on royalty payments. She’s only too glad to “help out.” Normally that would be a good thing, except Kane is just as likely to turn around and bite the people she’s supposed to be helping. She hasn’t met a driller yet she wouldn’t rather see behind bars (see PA AG Abuses Her Authority, Files Criminal Charges Against XTO). If it were up to Kathleen Kane, there would be no Marcellus drilling at all and consequently no royalties for landowners to argue about. We think it’s an ill-advised move to involve Kane, but that’s just our humble opinion…
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Today the 70,000 members of the Joint Landowners Coalition of New York (JLCNY) will finally launched their legal offensive against a recalcitrant governor, commissioner of the DEC, and the state health commissioner. D-Day will, of course, forever be associated with the first day of the World War II Allied Forces landing on the beaches of Normandy, France–June 6, 1944. We are in no way comparing the current action by the JLCNY with that momentous day which included incredible sacrifices by brave American (and other country’s) troops. However, D-Day is also a generic military term that means the day on which a combat attack or operation is to be initiated. It is in that sense we say that today is legal D-Day for the JLCNY and pro-drilling landowners. This IS a battle, it IS important with incredibly high stakes, and it does seem as though the odds are stacked against us. However, we have our own allied legal forces and we, as pro-drilling landowners in New York, are determined to win. And win we will!