Babst Calland: New York Landowners Announce Intent to Sue Governor and State Over Drilling Delay

By Michael C. Murphy On November 12, 2013, the Joint Landowners Coalition of New York announced that it has finalized a complaint which the group intends to file in New York state court over the delay in deciding the future of shale drilling in the State. The complaint, which names New York State...

Babst Calland: Pennsylvania Environmental Hearing Board Dismisses Request To Establish Well Spacing And Drilling Units

By Sean M. McGovern | On August 26, 2013 , Hilcorp Energy Company (Hilcorp) filed a complaint and application requesting that the Pennsylvania Environmental Hearing Board (PAEHB) issue an order to establish well spacing and drilling units pursuant to the Oil and Gas Conservation Law of 1961 for a...

Babst Calland: Pennsylvania Supreme Court Denies Application For Reargument Or Reconsideration Of Act 13 Decision

By Lawrence H. Baumiller The Pennsylvania Supreme Court on Friday, February 21, 2014, denied an Application for Reargument or Reconsideration filed by the Commonwealth of Pennsylvania regarding the Act 13 decision [ enhanced opinion available to lexis.com subscribers ]. The December 19, 2013 Opinion...

Babst Calland: New York Attorney General Seeks Dismissal of Fracking Lawsuits

By Michael C. Murphy The New York Attorney General’s office has filed motions to dismiss two lawsuits that seek to force Governor Cuomo to end a delay in deciding the future of shale drilling within the State. The two lawsuits, filed separately by a group of landowners and the bankruptcy trustee...

Babst Calland: Ohio Appeals Court Issues Dormant Mineral Act Ruling

By Michael T. Altvater The Seventh District Court of Appeals issued a ruling concerning application of the Ohio Dormant Mineral Act. In Walker v. Noon , the appeals court upheld the ruling of a Noble County trial court finding that the 1989 version of the Dormant Mineral Act applied and that a severed...

Babst Calland: Pennsylvania Judge Denies Requests To Intervene In Act 13 Case

By Matthew L. Lambach On April 9, 2014, Pennsylvania Commonwealth Court President Judge Dan Pellegrini denied the petition to intervene of the Pennsylvania Independent Oil and Gas Association , Marcellus Shale Coalition and American Petroleum Institute in the Act 13 litigation, which was remanded...

Babst Calland: Legislation Proposed to Strengthen Penalties for Oil and Gas Violations in Ohio

By Benjamin J. Bolinger Ohio House Bill 490 , which would strengthen penalties for violating Ohio’s oil and gas regulations, is now pending before the Ohio House agriculture committee. The bill was introduced in response to illegal dumping of oil field waste. Industry officials have so far indicated...

Babst Calland: Federal Judge Enjoins Hempfield Township, Pa., From Prohibiting Seismic Testing

By Nicholas J. Habursky On April 10, 2014, a federal judge granted a preliminary injunction forcing Hempfield Township to permit ION Geophysical of Houston (ION) to perform seismic testing on the Township’s roads. Hempfield Township argued that it does not specifically permit seismic testing...

Pennsylvania’s Landlord and Tenant Act Is not Applicable to Oil and Gas Leases

By Alana E. Fortna In a recent opinion, the Pennsylvania Superior Court addressed whether Pennsylvania’s Landlord and Tenant Act of 1951 (the “Act”), and the applicable statute of frauds contained therein, applies to oil and gas leases.  In Nolt v. TS Calkins & Associates, LP...

Babst Calland: New York Court Dismisses Suits Seeking to Compel State’s Environmental Impact Statement

By Holly A. Pisanelli On July 11, 2014, a New York state trial court dismissed two similar cases in which the plaintiffs sought to compel the State to finalize a Supplemental Generic Environmental Impact Statement (“SGEIS”) pursuant to the State Environmental Quality Review Act (“SEQRA”...

Babst Calland: Commonwealth Court Issues Decision On Remaining Issues In Act 13 Case

By Lawrence H. Baumiller In its far-reaching decision in Robinson v. Commonwealth [ enhanced opinion available to lexis.com subscribers ], which was issued on December 19, 2013, the Pennsylvania Supreme Court invalidated several critical provisions of Act 13. Additionally, the Supreme Court remanded...

Babst Calland: Ohio Supreme Court Accepts Dormant Mineral Act Case

By Michael T. Altvater The Ohio Supreme Court will review a key question of state law concerning application of the Dormant Mineral Act (“DMA”). In Corban v. Chesapeake Exploration, LLC , the United States District Court for the Southern District of Ohio certified the following questions...

Babst Calland: Public Utility Commission Appeals Pennsylvania Act 13 Ruling

By Lawrence H. Baumiller ‘ The Pennsylvania Public Utility Commission appealed the Commonwealth Court’s July 17, 2014 Opinion and Order in the Act 13 case, which resolved a number of issues remanded by the Supreme Court [ enhanced opinion available to lexis.com subwscribers ]. Review...