Steptoe & Johnson PLLC: W. Va. DEP Issues Modified Oil and Gas Horizontal Well Rule

The West Virginia Department of Environmental Protection filed a modified version of 35 CSR , Series 8, the agency's new oil and gas horizontal well legislative rule, with the Secretary of State on September 14, 2012. The modified rule includes a response to comments previously filed by various industry...

Steptoe & Johnson PLLC: West Virginia Supreme Court Rules Surface Owners Have No Right to Appeal Well Work Permits

By Armando Benincasa and Bridget Furbee [On Nov. 21] the West Virginia Supreme Court of Appeals issued an important decision regarding whether surface owners have a right to appeal well work permits issued by the West Virginia Department of Environmental Protection in the state's circuit courts...

Steptoe & Johnson PLLC: FERC Considering Quarterly Reporting and Disclosure of Every Physical Natural Gas Transaction

By Kurt Krieger On November 15, 2012, the Federal Energy Regulatory Commission ("FERC") issued a Notice of Inquiry ("NOI") - a pre-cursor to a possible notice of proposed rulemaking - seeking comments on whether it should require quarterly reporting and delayed public disclosure...

Steptoe & Johnson PLLC: West Virginia Supreme Court of Appeals Rules in Gas Utility Case

By Lori A. Dawkins and Allison J. Farrell The West Virginia Supreme Court of Appeals just issued an important decision for all natural gas utilities with operations in West Virginia with its Memorandum Decision No.11-1511 (Harrison County 10C391). In this decision, issued February 11, 2013, the state's...

Steptoe & Johnson PLLC: Power Line Rights of Way - FERC Approves New Vegetation Management Rules

By Kurt L. Krieger and Nora C. Price On March 21, 2013, the Federal Energy Regulatory Commission ("FERC") approved new rules for managing vegetation along power line rights of way. The purpose of the approved modifications to existing electric reliability standards is to ensure the continued...

Steptoe & Johnson PLLC: Pennsylvania Supreme Court Reaffirms Dunham Rule

By Russell L. Schetroma and Nathaniel I. Holland In a unanimous opinion ( Butler v. Charles Power Estate , No. 27 MAP 2012) by Justice Baer issued April 24, 2013, the Pennsylvania Supreme Court reaffirmed the Dunham Rule, holding that a reservation of minerals in a deed does not reserve the gas in...