Steptoe & Johnson PLLC: Pa. PUC Releases Shale Impact Fee Data

By Russell L. Schetroma and Adam Curtis The Pennsylvania Public Utility Commission (PUC) released its first report on Monday on the impact fees resulting from the state's new Marcellus shale law, dubbed Act 13 . The PUC is the agency in charge of collecting and disseminating the fees. According...

Steptoe & Johnson PLLC: Pa. PUC Decides Local Ordinance Violates Act 13

[Recently], the Pennsylvania Public Utility Commission (PUC) ruled that the South Fayette Township's ordinance governing oil and gas well development and processing violates provisions of Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes ( Act 13 ), Pennsylvania's primary law regulating...

U.S. EPA Creates Uncertainty in Appalachia with Air Quality Permitting Memorandum

By Armando F. Benincasa In the face of the Sixth Circuit Court of Appeals decision in late 2012 which struck down United States Environmental Protection Agency's (USEPA) use of "functional relatedness" in determining whether sources of air emissions should be aggregated for purposes...

DLA Piper Energy Alert: Thinking Strategically on Pipe Build-out for the Shale Boom

By Lee A. Alexander, Stefan M. Krantz and Zachary S. Launer Recent developments in horizontal drilling techniques have propelled natural gas production from shale formations to the forefront of domestic oil and gas production today. This rapid expansion is presenting opportunities and challenges for...

Pennsylvania Supreme Court Upholds the Continuing Vitality of the 177-Year-Old Dunham Rule

The Pennsylvania Supreme Court has upheld the continuing vitality of the 177 year old Dunham rule in Pennsylvania, reiterating that a rebuttable presumption arises in any private deed or land conveyance that natural gas is not a "mineral" unless it is expressly designated as such in the document...

Steptoe & Johnson PLLC: Pennsylvania DEP Finds No Link Between Hydraulic Fracturing and Methane Contamination

By Armando F. Benincasa, Brian J. Pulito and Thomas J. Sengewalt After a 16-month investigation, the Pennsylvania Department of Environmental Protection announced Monday that hydraulic fracturing for natural gas by WPX Energy, Inc. was not responsible for methane contamination in three private water...

Steptoe & Johnson PLLC: What Constitutes ‘Commencing a Well’ in Pennsylvania

By Lori A. Dawkins and Brian J. Pulito On May 24, 2013, the United States District Court for the Middle District of Pennsylvania issued a Memorandum Opinion in which it addressed what activities constitute “commencing a well” ( Good Will Hunting Club, Inc. v. Range Resources-Appalachia...

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...

Steptoe & Johnson PLLC: Mechanical Integrity Assessment in Pennsylvania

By Stephen C. Smith Well operators in Pennsylvania must inspect each operating well at least quarterly to ensure it is in compliance with the well construction and operating requirements as required by Pa. Code title 25, § 78.88 . At a minimum, inspections must determine: (1) The well-head...

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...