Marcellus Well Pad in Doddridge County, WV

From an Article by Ken Ward, Jr., Charleston Gazette-Mail, September 9, 2017

Photo: The natural gas well pad, shown during the construction phase, was the subject of the lawsuit in Doddridge County.

Two Doddridge County residents have won a court ruling and a jury verdict that advocates for surface owners’ rights say provide a boost in the ongoing struggle over the impacts of the Marcellus Shale gas-drilling boom in Northern West Virginia.

Last week, a circuit court jury awarded Beth Crowder and David Wentz a total of $190,000 in damages in a case brought against EQT Production Company over a well pad that EQT constructed on the residents’ property — without their permission — in order to drill horizontally underground to reach natural gas supplies located beneath neighboring properties.

David Grubb, a Charleston lawyer who represented Crowder and Wentz, said it is believed to be the first verdict in which plaintiffs were awarded “fair and reasonable rental value” in a such a case against a natural gas producer.

“This is a victory for surface landowners,” Grubb said Friday. “It represents a recognition that drillers cannot use a surface landowner’s property to drill horizontally into neighboring tracts without express permission.”

Jurors determined that the residents deserved $95,000 for the rental value of the property and another $95,000 for “annoyance and inconvenience.” The jury declined to award any punitive damages to punish EQT for its behavior.

In the case, Crowder and Wentz were arguing that EQT had trespassed on their property when it built the 20-acre well pad to drill nine horizontal wells, a process that took 16 months and contemplated another three wells would eventually be drilled.

Doddridge Circuit Judge Timothy Sweeney had previously ruled for the residents, saying in a February 2016 order that EQT’s right to do what was “reasonably necessary” to produce gas it owns or leases, that right did not include the authority to drill from the Crowder-Wentz property into mineral tracts that do not underlie that property.

“While EQT clearly has the right to do what is necessary to plaintiffs’ surface land in order to drill well bores into the underlying oil and gas reservation to produce gas from its acreage, it does not have the legal right (absent consent) to drill from plaintiffs’ surface lands horizontally into neighboring mineral tracts,” Sweeney wrote.

The West Virginia Surface Owners’ Rights Organization has praised Sweeney’s decision, but also indicated it would be more comfortable if and when a similar legal ruling is spelled out by the state Supreme Court.

“So you are now more likely to win a case to block a well pad on your land, and it certainly strengthens your bargaining position if you want to negotiate with the driller,” the group told surface owners on its website. “This is as good as it gets until the West Virginia Supreme Court makes a decision on this issue that would be binding on all circuit court judges.”

The issue is one of many legal controversies that continue to be debated as the boom in natural gas drilling in the Marcellus Shale region has companies rushing to put together large tracts of minerals they say are needed to make large-scale drilling economical, and as residents push back over the on-the-ground impacts that the industry is having on their daily lives. The issues are complicated by the complex ownership patterns in which many surface owners don’t also hold the minerals under their homes, and because of split ownership of both surface and mineral tracts that has occurred over the decades.

Industry technology has fueled an economic boom in the Marcellus Shale gas fields of West Virginia’s northern counties, but it has also has created problems for surface owners who worry about damage to their homeplaces and peaceful rural lifestyle. The drilling boom also has generated conflicts between gas companies and mineral owners over how the wealth created is being divided.

Earlier this year, those kinds of issues brought another push by the gas industry for a “forced pooling” bill at the Legislature, but the measure died in the House when supporters were unable to build a consensus of support for the legislation among either Republicans or Democrats. The issue will undoubtedly surface again in next year’s session, and was among the topics last month during the initial meeting of a new Joint Committee on Natural Gas Development set up by legislative leaders.

In the Doddridge County case, the plaintiffs had sought between $500,000 and $2.1 million from EQT, arguing for rental value that amounted to a relatively percentage of the projected revenues for the wells on the pad.

EQT argued that those amounts were excessive and a company spokeswoman said EQT “respects that the jury factored in EQT’s position with its decision and is pleased with the outcome.”

“We are concerned that EQT will appeal the judge’s underlying ruling on trespass to the Supreme Court in order to continue to abuse the property rights of surface owners,” said David McMahon, another of the lawyers for Crowder and Wentz and a founder of the Surface Owners’ Rights Organization.

WV State Capitol, Charleston

WV Surface Owners’ Rights Organization

Surface Owners’ News – Winter 2017

Dear SORO Members and Friends,

We know it’s been a while since you’ve heard from us. As the 2017 legislative session gets underway, we wanted to let you know what we’ve been up to and what we’ll be focusing on for the next 60 days.

The annual Sixty Day Legislative Session starts today (February 8^th) and ends on Saturday, April 8^th and usually goes on to midnight on that date.

We recently updated our website and have switched to a new email system to help us communicate with our members more effectively. We hope you approve. Please reply with comments or feedback.

Thanks for your continued support!  Julie Archer, SORO, Charleston, WV

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WV-SORO 2017 Legislative Priorities

WV-SORO will again be pushing for legislation to have the property rights of surface owners recognized and respected, to increase their chances of owning some of the minerals under them, and to deal with orphaned wells and other environmental problems. We will also be actively opposing legislation the industry introduces (out of its sense of entitlement) that will harm the interests of surface owners.
Tagged: Abandoned wells, Fence-line monitoring, Land re-union, Orphaned wells, Pollution

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Zombie Bills? Bad Bills to Aid Drillers Could Be Back in 2017

Several bad bills that help oil and gas drillers at the expense of West Virginia landowners could be back during the 2017 legislative session. These include efforts to take away citizens ability to bring nuisance suits, give pipeline companies the right to survey people’s land without their permission, and one-sided forced pooling bills (AKA joint development).
Tagged: Eminent domain, Nuisance suits, Pipelines, Pooling

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In Court: WV-SORO Litigation Update

Here is a brief update on some court cases we’ve been involved in or monitoring that affect West Virginia surface owners. Because one-third of WV-SORO members also own an interest in their underlying minerals, so we are including updates on cases that affect some mineral owners.
Tagged: Coal bed methane, Eminent domain, Leasing, Minerals-Royalties, Partition suits, Pipelines

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Court Approves Drilling Waste Settlement with EPA

The U.S. District Court for the District of Columbia formally approved a consent decree between the U.S. Environmental Protection Agency and a coalition of community and environmental organizations. which requires the agency to review and, if necessary, revise its rules for the disposal and handling of dangerous and harmful oil and gas wastes, such as those that result from drilling and fracking.
Tagged: Drillilng waste, EPA, Fracking, Pollution

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West Virginia Surface Owners’ Rights Organization

1500 Dixie Street, Charleston, West Virginia 25311
View Newsletter Online 304-346-5891 Join WV SORO

3rd Compendium Edition dated 10-15-2015

News Update from the WV Surface Owners Rights Organization

>>> From: Julie Archer, Project Manager, WV Surface Owners’ Rights Organization, 1500 Dixie Street, Charleston, WV 25311     Phone: (304) 346-5891  Web-Site: www.wvsoro.org

Public Meeting on Air Quality Permit for Proposed Water Treatment Facility in Doddridge Co.

The WV Department of Environmental Protection’s Division of Air Quality (DAQ) will hold a public meeting this Thursday, November 5 from 6 PM to 8PM at the Greenwood Volunteer Fire Department, Greenwood, WV to provide information on permitting action related to Antero Resources’ proposed water treatment facility. The Sandstrom water treatment facility, which will accept and treat wastewater from Antero’s drilling operations, will be located south of US Route 50, at Greenwood in Doddridge County.

DAQ will accept comments public comments at the meeting. They will also accept written comments until 5 PM on Friday, November 20. Questions and written comments should be directed to:

Jerry Williams, P.E., WV DEP, Division of Air Quality, 601 57th Street, SE, Charleston, WV 25304.    Phone: (304) 926-0499 ext. 1223, FAX: (304) 926-0478, e-mail: jerry.williams@wv.gov

The draft permit and related documents are available at http://www.dep.wv.gov/daq/pages/nsrpermitsforreview.aspx.

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Free Screening of Short Film “Gaswork” in Buckhannon on Thursday, November 5th

On Thursday, November 5, at 7 PM, there will be a free showing of “Gaswork” at Lascaux MicroTheatre in Buckhannon, WV, located in Traders’ Alley behind Fat Tire Cycle on Main St. “Gaswork” is a new short film by Josh Fox, who wrote and directed the acclaimed fracking film “Gasland.” “Gaswork” describes dangerous working conditions in the oil and gas field. Numerous injuries and deaths result from poor safety practices on rigs all over the country. The oil and gas field has a higher death rate than all other industries.

“Gaswork” opens with the story of CJ Bevins, a Buckhannon native who died on an unsafe rig in New York, then goes on to investigate worker safety and chemical risk in the industry. Many workers who were interviewed have been asked to engage in unsafe practices, such as cleaning drill sites, transporting radioactive and carcinogenic chemicals, and steam cleaning the inside of condensate tanks which contain harmful chemicals, often without safety equipment.

A member of the Bevins family and a former gas worker will be present to speak about their experiences and answer questions after the showing.

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Citizen Hearings on Fracking Air Pollution & New EPA Rules, Nov. 7 & Nov. 9.

Oil and gas drilling has spread quickly across Ohio, Pennsylvania and West Virginia. Many communities are living with wells, compressor stations, processing plants, and pipelines nearby—or soon could be. More than ever, people are asking whether this development affects air quality and their health.

Research and experience show that the answer is yes. Because operations release methane and toxic air pollutants, the Environmental Protection Agency recently proposed new standards to cut air emissions from the oil and gas industry. Learn more about these proposed rules and get answers to questions such as:

• What are the links between oil and gas facilities, pollution, and health?
• What pollutants come out of compressor stations and processing plants?
• How are air emissions measured, monitored, and reported?
• How will the new EPA rules help reduce pollution and protect my health?

The EPA is accepting comments from the public on its new emissions rules until November 17. At these public meetings, Earthworks and the Ohio Environmental Council will accept written statements and provide attendees with the opportunity to record verbal comments to be submitted to the EPA. They need to hear about your experiences and concerns! Please come, learn, and speak out!

Saturday, November 7, 10 am-noon — First United Methodist Church 123 West Church Street, Barnesville, OH 43713
Monday, November 9, 6:30-8:30 pm — Church of Christ—Christian Disciples 353 Moody Avenue, Carrollton, OH 44615

Speakers: Melanie Houston, Director of Water Policy & Environmental Health, Ohio Environmental Council; Nadia Steinzor, Eastern Program Coordinator, Earthworks; and representatives from Carroll Concerned Citizens and Concerned Barnesville Area Residents.
Have questions? Email:  OHMethane@gmail.com

Want more info? http://bit.ly/1RmE1Mo and http://bit.ly/1M61wFo

Can’t make it? Take action! http://theoec.org/campaign/epa-methane-rule

Industrialization of Rural WV

WV Surface Owners’ Rights Organization Meets in Harrison County

Meeting Summary by Julie Archer and  Tom Bond, August 25, 2014

The WV Surface Owners’ Rights Organization (WV-SORO) held a membership meeting at Salem International University in Salem, WV on Saturday, August 23rd.  The purpose was to enlist new members, educate members and their guests about issues related to gas drilling and to discuss problems members face.  About 70 were present.

After an Introduction by Julie Archer, the first feature was a Panel on Pipelines.  The three presenters were Nils Nichols of the Federal Energy Regulatory Commission (FERC);  Joseph Cochran of the Division of Water and Waste Management, West Virginia Department of Environmental Protection (DEP): and Ed Wade of Wetzel County Action Group (WCAG).

Mr. Nichols is Director of the Division on Pipeline Regulation.  He said there are three recognized components of the gas production industry; (i). Production;  (ii). Transmission takes the gas from the line the producer puts it in, to the company that sells it to the customer; and (iii). Distributors take it from the large volume gas transmission company to the customer, which may be an industry, a gas-fired electrical generator or a homeowner.  FERC is mostly concerned with transmission pipelines, which are relatively large diameter lines.

The steps FERC uses are:  1. Determine there is a need.  2. Determine alternate routes and then hold “scoping” meetings to determine reaction.  3. Interpret findings to determine what best meets public interest.  4.  Public meetings and review of voluntary easements to minimize eminent domain.  5. Final Certification.  Once FERC approves the project, if agreements cannot be negotiated with landowners, the company may acquire an easement using eminent domain with a court determining compensation. He indicated compensation is based on fair market value, but “you have to fight for your rights.”

Mr. Cochran said DEP mostly permits smaller short lines of 1 to 3 miles from the well pad to the midstream line.  When the application arrives in the office with all the details on the form filled in and if it looks like it will work on paper, the permit is granted.  Most of their concern is with new pipelines.  Both men indicated that once a proposed pipeline is determined to be able to do its job, it goes through and is seldom rejected.

Ed Wade of the Wetzel County Action Group showed pictures of what has happened on pipelines, mostly in Wetzel County.  They included drill dust and dust after dynamite blasts in a creek, numerous slips in back fill where a pipeline goes up a hill, including one that ruptured the gas line.  Also use of concrete to support pipelines on extremely steep hills, animals in the ditch due to fragmentation of the animal’s habitat,  putting a new line on an old right of way, silt, air pollution from a pipeline site, an accidentally burned excavator and open burning.  The pipeline brings pig launchers, compressor stations, access roads, noise, odors, lights and toward the end of its life, leaked gas, and danger of fire and explosion.

After the presentations there was a Question and Answer Session moderated by Dave McMahon.  Some of the questions were:

Will drilling increase the cost of my homeowner’s liability insurance?

What can you do to keep trespassers out after the drilling is done and the pipeline is laid?

What is the nature of the impairment on my property due to a pipeline?

If someone comes on my property, is it trespassing?  (The answer to this one is, “No, you must tell them to stay out or build a fence around it, or cultivate the ground, or post the land.)

After lunch, each person introduced him or herself and many stated the problem that brought them to SORO.  Complaints heard were: issues with leasing – three pipelines on her land by three different companies – prevented from getting to work – very little help from DEP with coal and gas – quality of life – they are getting to the intimidation stage with me, they said they were going to send out the bad guys – floodplain issues – they told me to work with the driller, not the circuit court – they told me when the drilling is done the effect is over – there is no effect unless it can be measured.

Organizations represented were Wetzel County Action Group, Guardians of the West Fork, WV Host Farms, FrackCheckWV, Ohio Valley Environmental Coalition, Doddridge County Watershed Association, Friends of the Hughes, Middle Island Conservation Group, WV Chapter of the Sierra Club and WV Highlands Conservancy.

There was an Overview of SORO history and activities by Julie Archer.  Next was a section titled Results and Recommendations from Horizontal Well Act Studies.  It was a presentation by David Mahon about research mandated by the Horizontal Well Control Act the legislature passed in 2011.

One of the studies, by Dr. Michael McCawley at WVU looked at noise, light dust and other air pollution as they relate to how close wells can be to peoples’ homes. The report cited research that showed an increased risk of cancer for residents within one-half mile of a drilling operation.  Another study showed property values were affected if a well was within 1,500 feet in Texas.  A sociology research project conducted by WVU showed that landowners reported twice as many problems if they were within 1,500 feet.

Dr. McCawley’s research showed that noise, light, dust and other air pollution was not confined to the well site.  In response, DEP recommended that the legislature increase the setback distance “to provide for a more consistent and protective safe guard for residence in effective areas.” However, the DEP declined to propose any new rules based on the studies because it said “there were no indication of a public health emergency or threat” – a far more stringent standard than is reasonable for the public protection.

Pit studies showed inspectors only targeted readily apparent problems such as slips and slides, while not recognizing indicators or warning signs that might result in pit failures. Eight out of the fifteen pits studies didn’t agree with the engineers plans, and only one of the fifteen had soil conforming to the type specified by the DEP.  One concluded companies can’t be trusted.

After a break there was a section titled Moving Forward/Setting Priorities, which involved group discussions.  The following questions were asked to frame the discussion: What are the most pressing problems related to oil and gas drilling in West Virginia? What should be done to address the problems?  What should SORO do in response to these problems? The facilitator was Gary Zuckett.

Problems indentified included air pollution, water contamination, water use, improper waste disposal, truck traffic and damage to roads.  Lack of enforcement and lack of accountability with respect to industry activities and practices, permitting decisions made by the DEP and actions taken by the legislature were also major concerns. Suggested actions that should be taken to these problems included making changes to drilling laws, regulations and enforcement; engaging more citizens in pushing for better regulation and funding for enforcement; and documenting health impacts and environmental problems to help make the case for stronger regulations. Actions SORO could take in response to these issues included public education efforts to get more people involved; continued lobbying and being a voice for landowners at the legislature; continuing to explore litigation options and file lawsuits; and providing input, assisting and working with those documenting health impacts.

After the discussion, there was a Wrap-Up and Evaluation session, then dinner.  The evening session was a showing of the documentary film “Triple Divide” and a discussion of it.     [To contact WV-SORO: 304-346-5891, julie@wvsoro.org, www.wvsoro.org ]

Challenges in Land Protection

NOTE: MEETING of WV Surface Owners Rights Organization is set for 10 am to 4 pm this Saturday, August 23^rd.  Public Screening of “Triple Divide” with discussion from  5 pm to 7 pm.  Location: Randolph Campus Center, Cafeteria (2^nd Floor), Salem International University, Salem, WV.  Contact: Julie Archer (304-346-5891), julie@wvsoro.org. See also: www.wvsoro.org

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Why Tim DeChristopher Went to Prison for His Protest

Article and Video From Bill Moyers, Moyers & Company, May 24, 2014

In December 2008, during the closing weeks of the Bush White House, 27-year-old environmental activist Tim DeChristopher went to protest the auction of gas and oil drilling rights to more than 150,000 acres of publicly-owned Utah wilderness. But instead of yelling slogans or waving a sign, DeChristopher disrupted the proceedings by starting to bid.

Given an auction paddle designating him “Bidder 70”, DeChristopher won a dozen land leases worth nearly two million dollars. He was arrested for criminal fraud, found guilty, and sentenced to two years in federal prison — even though the new Obama Administration had since declared the oil and gas auction null and void.

DeChristopher — who was released less than a month ago — joins Bill to talk about the necessity of civil disobedience in the fight for justice, how his jury was ordered to place the strict letter of the law over moral conscience, and the future of the environmental movement.

Bidder 70, a new documentary chronicling DeChristopher’s legal battle and activism, opened May 17. DeChristopher is co-founder of the grassroots environmental group Peaceful Uprising.

“When I went into this, I was pretty focused on the direct impacts of my actions, keeping that oil under those parcels and stopping this particular auction,” DeChristopher tells Bill. “I think those impacts turned out to be much more important than just keeping that oil in the ground.”

See the Moyers interview video: http://vimeo.com/66874475

WV Surface Owners Rights Organization — Update

From a Letter by Julie Archer, July 18, 2014

Mark Your Calendars: WV-SORO Membership Meeting, August 23rd

Please mark your calendars for WV-SORO’s upcoming membership meeting. The meeting will be Saturday, August 23rd at Salem International University in Salem, WV, from 10 AM-4 PM, followed by a public screening of “Triple Divide” at 5PM. Lunch will be provided.

Salem is in Harrison County, west of Clarksburg on US Route 50 and very near Doddridge County.

We are still working on the agenda but the goals and objectives of the meeting are:

1) Solicit input from SORO members on organizational focus/priorities.

We are entering our 7th year. A lot has changes since SORO was formed in 2007.  We have tried to be adaptable and respond as issues come up — but there are so many issues.  We want to know what issues to prioritize and how we can be more effective.

2) Educate SORO members on current issues of concern.

Pipelines are a major issue right now, with three proposed gas transmission lines crossing the state, not to mention various other projects planned or in the works for gathering lines, as well as lines for transporting water and waste water. Who has oversight/control over these lines?  What to do about right-of-ways? What comes next?  (Compressor stations, more drilling etc.) With this in mind we are starting to put together a panel on pipeline issues with folks from various state and federal agencies — DEP, PSC, FERC — to answer some of these important questions.

More details coming soon.  In the meantime, please save the date and plan to join us on August 23rd. We look forward to seeing you there.

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Workshops on Understanding Renegotiation and Renewal of Natural Gas Leases, July 22nd & July 24th. Sponsored by: WVU Extension Service Natural Gas Education Team

Presenter: Eric Gordon of Berry, Kessler, Crutchfield, Taylor and Gordon, Attorneys at Law, from Moundsville, WV

Tuesday, July 22nd in Wheeling, WV & Thursday, July 24th in West Union, WV

Both Workshops begin at 6:00 PM For program schedule and directions see the WVU extension web site.

For more information, contact Georgette Plaugher, WVU Extension Service Natural Gas Team Coordinator at 304-329-1391 or via e-mail Georgy.Plaugher@mail.wvu.edu.

As draft legislation to regulate horizontal drilling and hydraulic fracturing in West Virginia is making progress in committee, WV SORO takes up dispute with one particular amendment that has not been proposed yet: the buffer between a home and a well pad.   As the draft legislation stands, a rig could be set up 200 feet (or less, possibly) from a private structure, including a home.  Julie Archer of WV SORO says this is unacceptable, and wants the buffer to be at least 1,000 feet.  While this distance may protect inhabitants’ safety, it still doesn’t protect property value.

The most common complaint of those living in close proximity to a rig is the light and noise, but accidents, explosions, and air pollution are also concerns.  Pro-Publica published an article late last week covering the lack of comprehensive studies to track air quality and health complications from persons living in close proximity to shale gas operations.