Energy

Recent Posts

Babst Calland: Natural Gas Fueled Powerplant Planned for Marshall County, West Virginia
Posted on 1 May 2014 by Babst Calland

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”... Read More

Babst Calland: Ohio Supreme Court Accepts Jurisdiction in Dormant Mineral Act Case
Posted on 28 Mar 2014 by Babst Calland

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”... Read More

Babst Calland: Ohio Trial Court Issues Dormant Mineral Act Decision
Posted on 1 May 2014 by Babst Calland

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... Read More

Babst Calland: Ohio Supreme Court Schedules Oral Argument in Dormant Mineral Act Cases
Posted on 3 Mar 2015 by Babst Calland

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... Read More

Babst Calland: Ohio Appellate Court Enforces Change In Ownership Clause in Lease
Posted on 24 Apr 2014 by Babst Calland

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... Read More

Babst Calland: Pennsylvania High Court Prohibits Tolling of Oil and Gas Leases During Litigation
Posted on 3 Mar 2015 by Babst Calland

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... Read More

Babst Calland: Environmental Groups Plan Suit Over Absence of Regulation of Oil and Gas Waste
Posted on 21 Oct 2015 by Babst Calland

By Naeha Dixit On August 26, 2015, seven environmental groups sent the U.S. Environmental Protection Agency (EPA) a Notice of Intent to Sue the agency in an attempt to force the agency to develop tailored rules for oil and gas wastes under the Resource... Read More

Babst Calland: Ohio Judge Rules in Favor of Permitting Surveys in NEXUS Pipeline Case
Posted on 9 Oct 2015 by Babst Calland

By Michael T. Altvater The Medina County Court of Common Pleas issued a decision allowing surveys to be completed on tracts of land along the proposed NEXUS pipeline route. In Nexus Gas Transmission, LLC v. Houston , the Court ruled that the plain... Read More

Babst Calland: New York’s Highest Court Upholds Right of Municipalities to Ban Oil and Gas Activities
Posted on 8 Jul 2014 by Babst Calland

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... Read More

Babst Calland: Pennsylvania Supreme Court Declines To Hear Appeal In Caldwell v. Kriebel
Posted on 3 Dec 2013 by Babst Calland

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... Read More

Babst Calland: Ohio Supreme Court Accepts Major Oil and Gas Lease Busting Case for Review
Posted on 3 Mar 2015 by Babst Calland

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... Read More

Babst Calland: Ohio Decision Results in Victory for Oil and Gas Producers
Posted on 24 Apr 2014 by Babst Calland

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... Read More

Land Owner Concedes Strict Liability Claim in Compressor Station Case
Posted on 21 Oct 2013 by Babst Calland

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... 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: 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