Energy

Recent Posts

Pennsylvania Decision Creates Uncertainty About Who Owns Shale Gas
Posted on 10 Nov 2011 by McNees Wallace & Nurick LLC

By Erik M. Hume As many property owners throughout Pennsylvania Marcellus Shale counties have learned in recent years, ownership of the surface does not necessarily include ownership of what lies below. Title to the surface and subsurface can be "severed";... Read More

Pennsylvania Energy Operators Argue Energy Exploration Merits Permanent Relief
Posted on 8 Mar 2012 by William Perry Pendley

By William Perry Pendley DENVER - Energy operators in Pennsylvania, after a victory before the U.S. Court of Appeals for the Third Circuit in Philadelphia in September 2011, on March 5 urged a Pennsylvania federal district court to issue a final ruling... Read More

Steptoe & Johnson PLLC: Pennsylvania Superior Court Challenges Dunham Rule for Marcellus Shale
Posted on 21 Sep 2011 by Steptoe & Johnson PLLC

By Russell L. Schetroma In 1882, the Pennsylvania Supreme Court announced a presumption that a reservation of "minerals" does not include oil absent evidence within the four corners of the deed of a contrary intent. Dunham v. Kirkpatick... Read More

Energy Operators Contend Environmental Groups are Wrong in Pennsylvania Energy Case
Posted on 4 May 2012 by William Perry Pendley

By William Perry Pendley DENVER - Energy operators in Pennsylvania, after a victory before the U.S. Court of Appeals for the Third Circuit in Philadelphia in September 2011, which affirmed the December 2009 ruling of a Pennsylvania federal district... Read More

U.S. Forest Service Not In Contempt, Pennsylvania Federal Judge Rules
Posted on 29 Mar 2012 by William Perry Pendley

By William Perry Pendley DENVER - A Pennsylvania federal district court on March 23 denied a motion by energy operators in Pennsylvania to hold the U.S. Forest Service in contempt of the district court's December 2009 ruling that requires the agency... Read More

Fulbright & Jaworski LLP: When Is a Mineral Not a Mineral? Recent Pa. Case Calls into Question the Dunham Rule's Applicability to Marcellus Shale
Posted on 21 Sep 2011 by Norton Rose Fulbright

By Emily B. Thomas and Holly Robbins The Superior Court of Pennsylvania, which is appellate level review in Pennsylvania, recently issued an opinion questioning the long-followed "Dunham Rule" as it applies to the Marcellus shale. Butler v.... Read More

Kuntz, Law of Oil and Gas Has Been Updated!
Posted on 8 Jun 2010 by LexisNexis Emerging Issues Community Staff

Increasingly cited by courts in oil and gas producing states, Kuntz, Law of Oil and Gas provides an exhaustive survey of oil and gas conveyancing and operations, with citations to authorities that help attorneys find a quick answer or case on point. The... Read More

Steptoe & Johnson PLLC: District Court Grants Summary Judgment to Mineral Owners Against the U.S. Forest Service
Posted on 28 Sep 2012 by Steptoe & Johnson PLLC

In Minard Run Oil Co. v. United States Forest Serv . , C.A. No. 09-125 Erie (W.D. Pa. September 6, 2012) [ enhanced version available to lexis.com subscribers ], Judge Sean J. McLaughlin of the Western District of Pennsylvania granted summary judgment... Read More

Energy Exploration in Pennsylvania Emerges Victorious
Posted on 22 Sep 2011 by William Perry Pendley

William Perry Pendley September 20, 2011 - DENVER - Energy operators in Pennsylvania celebrated today's decision by the U.S. Court of Appeals for the Third Circuit in Philadelphia that affirmed a ruling by a Pennsylvania federal district court... Read More

Real Property Taxation of Oil, Gas, and Mineral Interests in Pennsylvania
Posted on 7 Apr 2010 by LexisNexis Emerging Issues Community Staff

Since 2002, oil and gas interests have not been subject to real estate taxes based upon the Pennsylvania Supreme Court's interpretation of state assessment laws as excluding oil and gas reserves. See Independent Oil & Gas Association v. Board... Read More

Steptoe & Johnson PLLC: Ohio Court Limits Surface Rights from Mineral Reservation
Posted on 4 May 2012 by Steptoe & Johnson PLLC

By R. Neal Pierce and Lyle B. Brown On January 17, 2012, the Harrison County (Ohio) Court of Common Pleas ruled that a 1959 mineral reservation did not authorize the use of a well on the surface of the premises to remove oil and gas located beyond its... Read More

William A. Ruskin: Balancing The Rights Of Landowners, Wind Power Developers And Mineral Rights Owners
Posted on 4 Jun 2013 by William A. Ruskin

By William A. Ruskin It is the dream of many landowners in the United States to one day have both oil wells and wind turbines on their land. For this happen, however, landowners must play an active role in keeping oil and wind companies from trying... Read More

Environmental Groups Ignore Rulings In Pennsylvania Energy Case, Legal Foundation Asserts
Posted on 29 Mar 2012 by William Perry Pendley

By William Perry Pendley DENVER - Energy operators in Pennsylvania, after a victory before the Third Circuit U.S. Court of Appeals in Philadelphia in September 2011, which affirmed the December 2009 ruling of a Pennsylvania federal district court regarding... Read More

Western Legal Group Argues Energy Case in Pennsylvania Court
Posted on 9 Jul 2012 by William Perry Pendley

By William Perry Pendley DENVER - Energy operators in Pennsylvania, after a victory before the U.S. Court of Appeals for the Third Circuit in Philadelphia in September 2011( Minard Run Oil Company v. United States Forest Service , No. 10-1265, 3rd... Read More