Oil and Gas Lawyer Karl V. Hopkins and Team Join SNR Denton

WASHINGTON, D.C. - SNR Denton has announced that Karl V. Hopkins has joined the firm as a partner, Shon C. Ramey has joined as counsel and Sinan Pismisoglu has joined as a Foreign Legal Specialist. The group continues the growth of SNR Denton's Corporate practice and are members of its award-winning...

Steptoe & Johnson PLLC: Pennsylvania Supreme Court Affirms Good Faith Test of Production in Paying Quantities

By Russell L. Schetroma , Nathaniel I. Holland On Monday, March 26, 2012, in T.W. Phillips Gas & Oil Co. v. Jedlicka , No. 19 WAP 2009, 2012 Pa. LEXIS 627 (Pa. Mar. 26, 2012) [ enhanced version available to lexis.com subscribers ], the Pennsylvania Supreme Court reaffirmed and expanded its rule...

Dallas Men Indicted for Alleged Participation in Oil and Gas Ponzi Scheme

Two Dallas men were indicted for their participation in a $485 million oil and gas Ponzi scheme. Brendan Coughlin, 46, and Henry Harrison, 47, both of Dallas, were charged with one count of conspiracy and ten counts of mail fraud in connection with the collapse of Provident Royalties LLC ("Provident"...

California Energy Group Defends Oil and Gas Leasing

DENVER - A California nonprofit, non-partisan trade association that represents some 450 independent crude oil and natural gas producers, royalty owners, and service and supply companies on Juje 25 filed its brief with a California federal district court defending federal oil and gas leasing in the nation’s...

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....

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: Ohio Trial Courts Issue Additional Rulings on the Dormant Mineral Act

By Michael T. Altvater | Two Ohio trial courts issued new decisions on Ohio’s Dormant Mineral Act (“DMA”) addressing an unsettled issue of law concerning whether the 1989 or 2006 version of the DMA should apply to current disputes over the ownership of severed mineral rights. Both...

DLA Piper Energy Alert: Federal District Court Decision Appears To Clear Way For Cape Wind

By Robert J. Alessi and Jeffrey D. Kuhn | The Federal District Court in Washington, D.C., has issued a lengthy ruling that appeared to substantially clear the way for Cape Wind, a large proposed offshore wind farm on Horseshoe Shoal in Nantucket Sound south of Cape Cod, Massachusetts. The decision...

Babst Calland: Ohio Supreme Court Accepts Jurisdiction in Dormant Mineral Act Case

By Michael T. Altvater The Ohio Supreme Court has accepted jurisdiction of a discretionary appeal in Dodd v. Croskey , which involves Ohio’s Dormant Mineral Act (“DMA”). Under the DMA there are several “savings events” which may occur in the previous twenty years that...

Steptoe & Johnson PLLC: Court Ruling a Victory for Kentucky Pipeline Eminent Domain Opponents

By J. Kevin West On March 25, 2014, a Circuit Court in Kentucky ruled in favor of those opposed to an interstate natural gas liquids (“NGLs”) pipeline’s potential use of eminent domain under the laws of the Commonwealth of Kentucky. The interstate pipeline is not subject to regulation...

Babst Calland: Ohio Decision Results in Victory for Oil and Gas Producers

By Jason M. Zoeller An Ohio trial court issued a decision in Marshall v. Beekay Company . The case involved an action seeking declaratory judgment as to leasehold rights for formations below the Germantown Sand Formation. The court ruled that there was no breach of the implied covenant to reasonably...

Babst Calland: Ohio Appellate Court Enforces Change In Ownership Clause in Lease

By Jessica L. Henry The Fifth District Court of Appeals affirmed the trial court’s decision in Trico Land Company, LLC v. Kenoil Producing LLC , upholding the right to have and enforce a change of ownership clause in an oil and gas lease. The case involved a property subject to a 2008 oil and...

Babst Calland: Natural Gas Fueled Powerplant Planned for Marshall County, West Virginia

By Morgan Condra Plans by Moundsville Power LLC to build a natural gas power plant were approved by members of the Marshall County Commission on April 22, 2014. The proposed 549 megawatt natural gas power plant is considered the first “downstream” project of its kind in West Virginia,...

Babst Calland: Ohio Trial Court Issues Dormant Mineral Act Decision

By Michael T. Altvater A Harrison County trial court issued a decision in a Dormant Mineral Act case addressing the issue of whether a release of an oil and gas lease is a title transaction affecting and preserving a severed mineral interest from being abandoned. The trial court in Schucht v. Bedway...

Norton Rose Fulbright: D.C. Circuit Vacates Part Of Conflict Minerals Rule

By Marsha Z. Gerber , Cristina K. Lunders and Christian Menefee On April 14, 2014, a divided panel of the US Court of Appeals for the D.C. Circuit found unconstitutional one part of the disclosure requirements in the Securities and Exchange Commission's (the "SEC" or the "Commission"...

Babst Calland: New York’s Highest Court Upholds Right of Municipalities to Ban Oil and Gas Activities

By Michael C. Murphy Today the New York Court of Appeals issued an opinion affirming local zoning laws adopted by two upstate towns that prohibited oil and gas-related activities within their borders. Specifically, the Court ruled that there was nothing within the plain language, statutory scheme...

Duane Morris LLP: D.C. Circuit Ruling Has Potential Implications for Natural Gas Pipeline and LNG Projects Under FERC Environmental Review

A recent decision by the U.S. Court of Appeals for the District of Columbia Circuit rejected certain portions of an environmental analysis conducted by the Federal Energy Regulatory Commission (FERC or "Commission"). This turn of events is likely to cause anyone with, or planning to have, a...

Steptoe & Johnson PLLC: Ohio Appellate Court Adopts Fixed ‘Look Back’ Period For 1989 Dormant Mineral Act

In the recent 7th District Court of Appeals case of Eisenbarth v. Reusser , 7th Dist. Monroe No. 13 MO 10, 2014-Ohio-3792 [ enhanced opinion available to lexis.com subscribers ], the court determined that the “look back” period for the 1989 Dormant Mineral Act (“DMA”) was fixed...

Steptoe & Johnson PLLC: Trial Lawyers Targeting Oil and Gas Industry Layoffs

There have already been social media campaigns targeting laid off oil and gas workers. Trial lawyers are looking for claims to bring against companies that make mistakes in laying off workers. On its face, the WARN Act appears to be simple and straightforward. However, there are several traps in that...

This Is Real Law: Collateral Damage: Falling Energy Prices Pose New Risks for Lenders

Where energy prices are going in 2015 is anyone’s guess. According to Goldman Sachs Group Inc. , Barclays and the Tokyo-based Marubeni Corp. , for example, the price of crude oil could soon plummet to $30 per barrel. Other predictions are even more extreme. Oil as cheap as $20 a barrel could be...

Babst Calland: Ohio Supreme Court Accepts Major Oil and Gas Lease Busting Case for Review

By Michael T. Altvater The Ohio Supreme Court accepted jurisdiction over Hupp v. Beck Energy , an important Ohio case involving the interpretation of oil and gas leases. The case involves a challenge by landowners in Monroe County to a standard form oil and gas lease. The landowners argued that the...

Babst Calland: Ohio Supreme Court Schedules Oral Argument in Dormant Mineral Act Cases

By Michael T. Altvater The Ohio Supreme Court scheduled oral argument in two significant Dormant Mineral Act (“DMA”) cases. Oral argument has been scheduled on Corban v. Chesapeake Exploration, L.L.C. for May 6, 2015. As previously reported on ShaleEnergyLawBlog, the Corban case is likely...

Babst Calland: Pennsylvania High Court Prohibits Tolling of Oil and Gas Leases During Litigation

By Steven B. Silverman [On Feb. 17], the Pennsylvania Supreme Court issued Harrison v. Cabot Oil & Gas Corp. , a significant opinion in which the Court refused to apply equitable tolling principles that other oil and gas jurisdictions have adopted [ enhanced opinion available to lexis.com subscribers...