Steptoe & Johnson PLLC: Pennsylvania Court Throws Out Zoning Provisions Governing Marcellus Shale Activities

By Russell L. Schetroma and Nathaniel I. Holland In a 4-3 decision [ enhanced version available to lexis.com subscribers ], the Pennsylvania Commonwealth Court struck down portions of the state's new law - dubbed Act 13 - governing Marcellus shale activities as unconstitutional. In their decision...

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: Regulatory Lead Time an Important Consideration in Development of Ohio Drilling Units

By Kathy Milenkovski and Neal Pierce During the past year, the Ohio Department of Natural Resources has conducted hearings on three applications for unitized operation under Ohio Revised Code 1509.28. Additional hearings are on the schedule for January 2013. This statutory provision, part of the oil...

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...