Fracking and Alternative Energy

Recent Posts

Steptoe & Johnson PLLC: What Constitutes ‘Commencing a Well’ in Pennsylvania
Posted on 15 Jul 2013 by Steptoe & Johnson PLLC

By Lori A. Dawkins and Brian J. Pulito On May 24, 2013, the United States District Court for the Middle District of Pennsylvania issued a Memorandum Opinion in which it addressed what activities constitute “commencing a well” ( Good Will... Read More

Babst Calland: Pennsylvania Oil and Gas Lease Act Signed Into Law, Addresses Joint Development
Posted on 18 Jul 2013 by Babst Calland

On July 9, 2013, Governor Corbett signed into law Senate Bill 259, also known as the Oil and Gas Lease Act (Act), amending the Guaranteed Minimum Royalty Act. In addition to providing new rights and requirements as to payments resulting from the production... 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: 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: DOJ Ramps Up Interest in Oil and Gas Industry
Posted on 23 Aug 2013 by Steptoe & Johnson PLLC

By Gordon H. Copland, Russell D. Jessee and Nathaniel I. Holland Last year, the U.S. Department of Justice (DOJ) Antitrust Division reached an agreement with two natural gas producers who each paid fines of over one-half million dollars to settle claims... Read More

Norton Rose Fulbright: Pennsylvania Landowners Ordered To Allow Producer To Begin Preliminary Pre-Fracking Tests
Posted on 15 Jan 2014 by Norton Rose Fulbright

By Barclay Nicholson On December 26, 2013, the judge in the Court of Common Pleas of Allegheny County, Pennsylvania, ordered 69 individuals and one golf course in Allegheny County to allow an oil and gas production company “reasonable ingress... Read More

Split New York High Court: Municipalities May Pass Laws Banning Fracking
Posted on 30 Jun 2014 by James Cordrey

ALBANY, N.Y. — (Mealey’s) A divided New York Court of Appeals on June 30 ruled that local municipalities may pass bans on the oil and gas extraction procedure that uses hydraulic fracturing because the supersession clause in the statewide... Read More

Babst Calland: Proposed Pa. Legislation Seeks to Require Use of Steel Products Produced in U.S.
Posted on 8 Aug 2014 by Babst Calland

By Elena L. Rorabaugh Two pieces of proposed legislation were introduced to the Pennsylvania Senate on Thursday, July 31. Each has been referred to the Senate Environmental Resources and Energy Committee. Senate Bill 1458 , if passed, would amend Title... Read More

State Net Capitol Journal Spotlight : Cuomo In No Rush To Join Other Dems In Endorsing Fracking
Posted on 8 Oct 2013 by State Net

By Rich Ehisen Arkansas has embraced it. So has Illinois. West Virginia and Colorado have too. Maryland is strongly considering it. And now California has become the latest state led by a Democratic governor to sign off on the controversial oil and... Read More

Babst Calland: Ohio Supreme Court Accepts Dormant Mineral Act Case
Posted on 8 Aug 2014 by Babst Calland

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... Read More

Steptoe & Johnson PLLC: Implied Covenant to Develop in Ohio Negated by Express Language in Lease: Bilbaran Farm Inc. v. Bakerwell Inc., et al.
Posted on 15 Jul 2013 by Steptoe & Johnson PLLC

By Timothy M. McKeen and Jason Lucas On June 12, 2013, Ohio's Fifth District Court of Appeals held that a general waiver of implied covenants in an oil and gas lease negates the lessee’s duty to develop other formations and acreage ( Bilbaran... Read More

Babst Calland: U.S. EPA Proposes Amendments to Air Rules Affecting Oil and Gas Industry
Posted on 8 Aug 2014 by Babst Calland

By Meredith Odato Graham [On July 17] the U.S. Environmental Protection Agency (USEPA) published proposed amendments to federal air regulations at 40 C.F.R. 60, Subpart OOOO (Standards of Performance for Crude Oil and Natural Gas Production, Transmission... Read More