An Important Challenge

In an important challenge to oil producers who desire to obtain gas storage space in underground geological formations, the Delaware River Keeper Network has been found to have standing to challenge the legislation allowing the process.

Many States allow eminent domain for gas storage rights. Although a property may maintain gas storage and an owner does not know that there is gas storage space available underneath the owner’s ground, the rights have substantial value when properly and appropriately presented to the fact finder.

One can only hope that the River Keeper can protect the private ownership rights of those maintaining gas storage. The legislation has already been passed, and I suspect the courts will find a public use to exist despite the environmental challenge and the diminution of property ownership rights.
 

citizensvoice

The highest court drew widespread attention last month when it struck down portions of the impact fee law providing for state oversight of local drilling zoning regulations. Three of the justices in the majority opinion said those provisions conflict with the environmental rights amendment in the state Constitution.

The court also found the Delaware Riverkeeper Network has standing to have its eminent domain appeal heard in the lower Commonwealth Court, thereby reversing an earlier ruling by that court.

The network is challenging a provision saying drillers can use eminent domain powers to acquire storage space for natural gas, said Maya K. van Rossum, the Delaware Riverkeeper. Drillers are interested in underground geological formations for storage space even if that space is underneath private land, she added.