Recent Posts

Babst Calland: Pennsylvania Court Rules That Gas Lease Was Not Forfeited
Posted on 11 Sep 2015 by Babst Calland

By Elena L. Rorabaugh The Pennsylvania Superior Court ruled on Friday that an oil and gas lease was not forfeited by the failure of the operators to pay delay rentals subscribers may view the enhanced opinion | Lexis Advance ] . In Dewing... Read More

Babst Calland: Pa. Court Upholds Zoning Ordinance Permitting Oil and Gas Well Development In Agricultural/Residential Zoning District
Posted on 3 Nov 2015 by Babst Calland

By Lawrence H. Baumiller | On October 21, 2015, Judge Richard McCormick, President Judge of the Westmoreland County Court of Common Pleas, issued a decision and order upholding the validity of Allegheny Township’s zoning ordinance, which permits... Read More

New Pennsylvania Policy to Address Spills and Releases from Oil and Gas Wells and Related Operations
Posted on 15 Dec 2011 by Babst Calland

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... Read More

Babst Calland: Plain Meaning Prevails - 6th Circuit Overturns EPA's Single Source Determination. What's EPA's Next Step?
Posted on 10 Aug 2012 by Babst Calland

On August 7, 2012, the U.S. Court of Appeals for the Sixth Circuit published a decision that appears to be a victory in terms of how permitting authorities must decide which air permitting requirements apply to the oil and gas industry. However, a closer... Read More

Babst Calland: Ohio Oil and Gas Commission Issues First Decision on Forced Pooling
Posted on 25 Sep 2015 by Babst Calland

By Michael T. Altvater The Ohio Oil and Gas Commission issued its first decision under R.C. 1509.28 to provide for the compulsory pooling of property for oil and gas unit operations. In Gary L. Teeter Revocable Trust v. Division of Oil & Gas Resources... Read More

Babst Calland: Ohio House Of Representatives Proposes Increase In Severance Tax
Posted on 6 Dec 2013 by Babst Calland

By Benjamin J. Bolinger A bill to increase the severance tax on oil and gas drilling has been proposed in the Ohio House of Representatives. House Bill 375 would increase the severance tax for horizontal shale wells to 1% for the first five years of... Read More

Babst Calland: 3rd Circuit Rules In Favor Of Shell Because Of Lease Unitization Clause
Posted on 26 Nov 2013 by Babst Calland

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... Read More

Babst Calland: Pennsylvania Oil and Gas Law and Section 365 of the Bankruptcy Code - Can an Oil and Gas Lease be Rejected in Bankruptcy?
Posted on 18 Oct 2011 by Babst Calland

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... Read More

Babst Calland: Ohio Considers New Rules for Oil, Gas Wastewater Storage
Posted on 21 Oct 2013 by Babst Calland

State officials are considering new rules to regulate storage of wastewater used to stimulate wells for the production of oil and gas. The new rules would potentially create new options for shale well producers to store millions of gallons of water in... Read More

Babst Calland: Pennsylvania Supreme Court Clarifies Standard for Producing ‘In Paying Quantities’ Under Oil and Gas Lease
Posted on 2 May 2012 by Babst Calland

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"... Read More

Babst Calland: Cincinnati Bans UIC Wells Within City Limits
Posted on 10 Aug 2012 by Babst Calland

On August 1, 2012, Cincinnati became the first locality in Ohio to ban underground injection wells. The City Council, citing an inability to assess the risks to public health, safety and welfare of injected waste, voted unanimously on Ordinance No. 314... Read More

Marcellus Shale - Anticipating Toxic Torts
Posted on 7 Jun 2011 by Babst Calland

One of our litigation attorneys, Kathy Condo, has a practice focused on handling the defense of large toxic tort litigation. Recently, she shared with our team an article from The West Virginia Record ( Jan. 20, 2011 ) in which a statewide group known... Read More

Babst Calland: Pennsylvania Court Rules Seneca Has Rights On Game Land
Posted on 13 Feb 2014 by Babst Calland

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... Read More

Babst Calland: New Horizontal Well Location Restrictions and Setback Requirements in West Virginia
Posted on 26 Jan 2012 by Babst Calland

Oil and natural gas operators should be aware that new horizontal well location restrictions and setback requirements, that are included in the recently adopted Horizontal Well Act (the Act), may significantly affect well drilling plans in West Virginia... Read More

Babst Calland: Proposed EPA Rules Governing Air Emissions Would Impact Oil, Gas Industry
Posted on 2 Sep 2011 by Babst Calland

On August 23rd, the United States Environmental Protection Agency (EPA) published a package of proposed rules governing air emissions from the oil and natural gas industry, which includes the EPA's first air standards targeting emissions from gas... Read More