Timing Is (Almost) Everything: FERC Implements D.C. Circuit Guidance on NEPA Review of Multiple Pipeline Construction Projects | The National Law Review

In the wake of two recent D.C. Circuit decisions, the Federal Energy Regulatory Commission (FERC) has begun to implement its new policy concerning the review of natural gas pipeline construction pro

Source: Timing Is (Almost) Everything: FERC Implements D.C. Circuit Guidance on NEPA Review of Multiple Pipeline Construction Projects | The National Law Review

Big farms, frac sand mines could feel force of judge’s groundwater ruling : Ct

Big farms, frac sand mines could feel force of judge’s groundwater ruling : Ct.

 

The judge’s ruling in the case described below is similar to what we are asking for in the Ravenswood case.  The Wisconsin decision “required the DNR to consider the impact of the withdrawals in conjunction with other, nearby wells — a concept known as cumulative impacts.”

Rachel

Bush’s Play Central Role In Suing Over Fracking Ban

Bush’s Play Central Role In Suing Over Fracking Ban.

Burnaby Mountain protesters hit with Kinder Morgan lawsuit – Burnaby NewsLeader

Burnaby Mountain protesters hit with Kinder Morgan lawsuit – Burnaby NewsLeader.

Enforcement: Conservative group sees politics in play in EPA’s Dimock retreat — Tuesday, July 30, 2013 — www.eenews.net

Enforcement: Conservative group sees politics in play in EPA’s Dimock retreat — Tuesday, July 30, 2013 — www.eenews.net.

Local Audubon group takes aim at pipeline » Local News » The Daily Star, Oneonta, NY – otsego county news, delaware county news, oneonta news, oneonta sports

Local Audubon group takes aim at pipeline » Local News » The Daily Star, Oneonta, NY – otsego county news, delaware county news, oneonta news, oneonta sports.

Sierra Club v. Painted Post water withdrawal suit

Dear Petitioners,

Judge Fisher has issued his opinion.  Richard has read the case and reports that we have won pretty much across the board. An injunction has been issued to stop the water withdrawals until a proper SEQRA review is completed and the water sale agreement and the lease have been voided.  The judge agreed with us that a water sale is not a Type II action under SEQRA and that respondents improperly segmented their review.  On standing, he found that only John Marvin had standing so we are lucky that John joined our case.  Since he found that John did have standing, he said that he would regard all the petitioners as having standing.

We should talk about next steps–press release and possible press conference.

Rachel

SierraClubv.PaintedPost-MeritsDEC (1)

TENTATIVE PRECEDENT.  S.

March 26, 2013

Judge Enjoins Painted Post Water Sales

As the Corning Leader reports this morning, Judge Kenneth Fisher issued his rulling yesterday in Sierra Club v. Painted Post, Index No. 2012-0810, a legal challenge to the agreement made by the Village of Painted Post in Steuben County, New York to sell water to SWEPI, LP (an affiliate of Shell Oil Company) for gas drilling in Pennsylvania. I worked with attorney Richard J. Lippes from Buffalo to represent the petitioners in the case.

Petitioners are gratified that the relief they sought has been granted. In a learned and scholarly opinion, the court determined:

“In sum, the Village Board acted arbitrarily and capriciously when it classified the Surplus Water Sale Agreement as a Type II action and failed to apply the criteria set out in the regulations to determine whether an EIS should issue, and when 11 it improperly segmented the SEQRA review of the Lease from the Surplus Water Sale Agreement. . . . Accordingly, searching the record, summary judgment is granted to petitioners as follows: The Village resolutions designating the Surplus Water Agreement as a Type II action is annulled. Similarly, the Negative Declaration as to the Lease Agreement must be annulled, as in reaching the decision as to a negative declaration, the Village Board improperly segmented its review of the Lease from the Surplus Water Sale Agreement.

Petitioners also seek the annulment of the Village approvals of the Surplus Water Sale agreement and the Lease. . . . [H]ere . . . the Village short circuited the SEQRA process as to the Surplus Water Sale Agreement by an improper Type II designation and failed to consider the Surplus Water Sale Agreement when issuing its negative determination as to the Lease due to improper segmentation. Accordingly, the Village Board resolutions approving the Surplus Water Sale Agreement and Lease agreement of February 23, 2012, are annulled.

Petitioners are granted an injunction enjoining further water withdrawals pursuant to the Surplus Water Sale Agreement pending the Village respondent’s compliance with SEQRA.

In reaching its decision, the court noted that “it is not necessary to decide, and the court does not reach, the parties’ arguments related to SRBC except to hold that compliance with SEQRA is not excused by the fact that the Susquehanna River Basin Commission must issue a permit for the subsequent water withdrawal. Neither the Susquehanna River Basin Compact (ECL 21-1301) or its regulations (21 NYCRR §1806-8) provide for preemption of SEQRA.”

The court noted also that it did not “address whether compliance with SEQRA in this case means that the kind of comprehensive ‘cumulative impact study’ proposed by petitioners is necessary.” A copy of the judge’s decision and the other papers filed in the case are posted on my law office website.

Posted by Rachel Treichler at 03/26/13 4:00 PM

 

__._,_.___

 

Lease Termination

 LEASE TERMINATION– LEASE INFORMATION FOR LANDOWNERS

Joe Heath, Esq., Ellen Harrison, Fleased

Video of Leasing Workshop Mar. 19, 2013 in Norwich

 

DOCUMENTS PREPARED BY AN EXPERIENCED ENVIRONMENTAL ATTORNEY WORKING WITH GDACC  

  • Letter to gas companies claiming Force Majeure as a reason to arbitrarily extend gas leases.  Word doc.

  • Why Force Majeure claims are invalid  Word doc

  • We’ve received requests for more information about the ramifications of the November 15th US District Court ruling that force majeure does not extend leases. We encourage you to work with experienced oil and gas lease attorneys to interpret your specific lease terms and determine whether this ruling affects you.  This is what we’ve learned so far from the experts:

  • Many leases have a 5-year primary term with a clause allowing the gas company to extend the lease for another 5 years by simply tendering (writing) a check before the first term expires.  The renewal language is usually quite limited and the gas company must “tender payment before the primary terms ends.” Some companies sent landholders (lessors) force majeure letters claiming that the lease was extended but did not send checks to extend the lease.  Even with an auto extension clause, if the company has not mailed the extension check within the primary term, that lease has now expired.  The companies might claim otherwise, but they would be wrong.  They can’t make up an invalid legal theory, like force majeure, and rely on that to extend their leases.   Such a claim will not hold up in court.

  • A land owner whose lease has expired should thus proceed to follow General Obligations law 15-304 to clear their title for their expired lease.  Information on how to make such a filing can be found at: http://fleased.files.wordpress.com/2012/11/lease-termination-packet-11-20-12.pdf

More Information:

Aukema decision force majeure

GDACC

Danger If Ohio Watershed Conservancy District Leases Reservoirs for Fracking – damascus citizens for sustainability.

The Rubin report, “Hydrogeologic Concerns Regarding Hydraulic Fracturing within the Muskingum River Watershed in Eastern Ohio with Justification & Recommendations in Support of a Drilling Moratorium within Reservoir Watersheds and Statewide Legislation Banning Hydraulic Fracturing,” is available at http://hydroquest.com/Hydrofracking/.

View original post

U.S. Says New York State Can’t Sue Over Fracking Regulations – Bloomberg

U.S. Says New York State Can’t Sue Over Fracking Regulations – Bloomberg.

 

If the state of New York wanted to protect the Delaware watershed, the headwaters of which are wholly within the state of New York, the state of New York would do so.

 
Not ask the Feds to do what it has neglected to do
 
The state of New York’s positon in this is weak, since it has the worst shale gas regulations regulation in the United States
 
And is one of the few states with no autonomous environmental oversight over gas drilling 
 
 
And an inconsistent approach between the DRBC and SRBC
CN