Babst Calland: Pennsylvania Oil and Gas Law and Section 365 of the Bankruptcy Code - Can an Oil and Gas Lease be Rejected in Bankruptcy?

The recent boom in gas drilling in Pennsylvania due to the development of the Marcellus Shale would seem to be a windfall to landowners who have signed leases for the development of gas reserves on their property. When such a landowner becomes a debtor in a bankruptcy case, however, the value of such...

New Pennsylvania Policy to Address Spills and Releases from Oil and Gas Wells and Related Operations

The Bureau of Oil and Gas Management (BOGM), within the Pennsylvania Department of Environmental Protection, has drafted a new policy, Addressing Spills and Releases from Oil and Gas Wells and Related Operations (Policy). The Policy is notable because it provides guidance regarding the manner in which...

Babst Calland: Pennsylvania Supreme Court Clarifies Standard for Producing ‘In Paying Quantities’ Under Oil and Gas Lease

In a long-awaited decision issued Monday, March 26, 2012, the Pennsylvania Supreme Court held that a court must consider an operator's good-faith judgment in continuing to operate a well in determining whether a well is producing "in paying quantities" under the terms of an oil and gas...

Land Owner Concedes Strict Liability Claim in Compressor Station Case

Penn State Marcellus Shale Law Blog reports that the U.S. District Court for the Western District of Pennsylvania recently granted in part and denied in part Texas Eastern Transmission, L.P.’s motion to dismiss and or strike a personal injury complaint by a neighboring land owner. In Koziel v....

Transco Asks FERC to Authorize Leidy Southeast Pipeline Project

Transcontinental Gas Pipe Line Company, LLC (“Transco”) recently filed an application with the Federal Energy Regulatory Commission (“FERC”) for authorization to construct and operate the Leidy Southeast Project. According to the application, the Leidy Southeast Project would...

Babst Calland: 3rd Circuit Rules In Favor Of Shell Because Of Lease Unitization Clause

By Alana E. Fortna | On November 18, 2013, the Third Circuit affirmed a summary judgment ruling out of the Middle District of Pennsylvania in favor of Shell Western Exploration and Production, LP (Shell) in a case captioned as George W. Linder, et al. v. SWEPI, LP, a/k/a Shell Western Exploration...

Babst Calland: Pennsylvania Supreme Court Declines To Hear Appeal In Caldwell v. Kriebel

By Lawrence H. Baumiller On November 26, 2013, the Pennsylvania Supreme Court declined to hear an appeal of the Superior Court’s decision in Caldwell v. Kriebel Resources Co. [ enhanced opinion available to lexis.com subscribers ], which held that an oil and gas lease does not contain an implied...

Babst Calland: Pennsylvania Court Rules Seneca Has Rights On Game Land

By Matthew L. Lambach On January 27 th , 2014, the Commonwealth Court of Pennsylvania overruled in part and sustained in part the preliminary objections of Seneca Resources Corporation (Seneca) to a complaint filed by the Pennsylvania Game Commission (Commission) [ enhanced opinion available to lexis...

Babst Calland: Advocates From Pa., Ohio, West Virginia Urge Common Approach To Shale Gas Taxation

By Joshua F. Hall As reported by Pittsburgh’s NPR News Station, 90.5 WESA, three advocacy groups, Leaders of Policy Matters Ohio, the Pennsylvania Budget and Policy Center, and the West Virginia Center on Budget & Policy, sent a letter to the governors of Ohio, Pennsylvania and West Virginia...

Babst Calland: Pa. House Panel Approves Bill To Reform Guaranteed Minimum Royalty Act

By Elena L. Rorabaugh As reported by legal news website Law360 , a Pennsylvania bill was approved by the House Environmental Resources and Energy Committee that would amend the Guaranteed Minimum Royalty Act of 1979 (GMRA) and will move to the House floor. House Bill 1684 would amend the GMRA to clarify...