Fracking and Alternative Energy

Recent Posts

Babst Calland: Pennsylvania Judge Denies Requests To Intervene In Act 13 Case
Posted on 10 Apr 2014 by Babst Calland

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... Read More

Babst Calland: Commonwealth Court Issues Decision On Remaining Issues In Act 13 Case
Posted on 8 Aug 2014 by Babst Calland

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... Read More

Babst Calland: Pa. Zoning Hearing Board Erred When It Denied Application for Natural Gas Compressor Station
Posted on 10 Nov 2014 by Babst Calland

By Alana E. Fortna On September 26, 2014, the Commonwealth Court of Pennsylvania issued an opinion in favor of MarkWest Liberty Midstream & Resources, LLC [ enhanced opinion available to lexis.com subscribers ]. MarkWest had purchased a 71.5 acre... Read More

Pennsylvania’s Landlord and Tenant Act Is not Applicable to Oil and Gas Leases
Posted on 10 Jul 2014 by Babst Calland

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... Read More

Babst Calland: Federal Court Invalidates Portions of a Local Ordinance, Which Banned the Use of Underground Injection Wells
Posted on 27 Oct 2015 by Babst Calland

By Alana E. Fortna On October 14, 2015, the United States District Court for the Western District of Pennsylvania invalidated several provisions of a Grant Township, Indiana County, Pennsylvania local ordinance that was intended to prevent an oil and... Read More

Babst Calland: New York Court Dismisses Suits Seeking to Compel State’s Environmental Impact Statement
Posted on 8 Aug 2014 by Babst Calland

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... Read More

Steptoe & Johnson PLLC: Ohio Appeals Court Overturns Ruling That Held Certain Oil And Gas Leases Were Void
Posted on 3 Oct 2014 by Steptoe & Johnson PLLC

In Hupp v. Beck , Ohio’s 7th District Court of Appeals overturned the trial court’s decision that certain oil and gas leases were void ab initio (i.e. at their inception) because the trial court considered them to be a “no term or perpetual... Read More

Babst Calland: Another Ohio Trial Court Issues Dormant Mineral Act Ruling
Posted on 6 May 2014 by Babst Calland

By Michael T. Altvater The Belmont County Court of Common Pleas ruled that a recorded will is a title transaction for purposes of Ohio’s Dormant Mineral Act. In Albanese v. Batman the trial court held that a will recorded in the county recorder’s... Read More

Babst Calland: Public Utility Commission Appeals Pennsylvania Act 13 Ruling
Posted on 19 Aug 2014 by Babst Calland

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... Read More

Babst Calland: Pennsylvania Natural Gas Operator Prevails in Air Aggregation Case
Posted on 4 Mar 2015 by Babst Calland

By Meredith Odato Graham {On Feb. 23}, the U.S. District Court for the Middle District of Pennsylvania granted a motion for summary judgment in favor of a natural gas operator in a closely-watched case involving air aggregation issues [ enhanced opinion... Read More

Babst Calland: Federal Judge Enjoins Hempfield Township, Pa., From Prohibiting Seismic Testing
Posted on 23 Apr 2014 by Babst Calland

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... Read More

Babst Calland: New York Attorney General Seeks Dismissal of Fracking Lawsuits
Posted on 10 Apr 2014 by Babst Calland

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... Read More

Babst Calland: New York Landowners Announce Intent to Sue Governor and State Over Drilling Delay
Posted on 26 Nov 2013 by Babst Calland

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... Read More

Babst Calland: Ohio Appeals Court Issues Dormant Mineral Act Ruling
Posted on 10 Apr 2014 by Babst Calland

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... Read More

Babst Calland: New York High Court Asked to Re-hear Arguments in Case Banning Oil and Gas Activities
Posted on 26 Sep 2014 by Babst Calland

By Michael C. Murphy Citing a recently decided case in Colorado, the bankruptcy trustee for Norse Energy filed a motion in early August urging the New York Court of Appeals to re-hear arguments in the case. In June, the Court of Appeals issued an opinion... Read More