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Steptoe & Johnson PLLC: Pennsylvania Appeals Act 13 Decision

By Russell L. Schetroma and Nathaniel I. Holland On Friday, July 27, the Commonwealth appealed the July 26, 2012 4/3 decision of the Commonwealth Court that struck down the provisions of Act 13 of 2012 that attempted to assure statewide uniformity in local land use regulation of oil and gas development...

Steptoe & Johnson PLLC: Water Service to Marcellus Natural Gas Wells for Fracturing - PSC Provides Further Guidance

By Kurt Krieger and Todd Swanson Earlier this year an administrative law judge (ALJ) for the Public Service Commission of West Virginia (PSC) ruled that a public service district (PSD) violated various state laws and regulations by refusing to provide water service to a natural gas producer (PSC Case...

Steptoe & Johnson PLLC: Pa. PUC Releases Shale Impact Fee Data

By Russell L. Schetroma and Adam Curtis The Pennsylvania Public Utility Commission (PUC) released its first report on Monday on the impact fees resulting from the state's new Marcellus shale law, dubbed Act 13 . The PUC is the agency in charge of collecting and disseminating the fees. According...

Steptoe & Johnson PLLC: W.Va. Supreme Court to Decide Rights of Surface Owners

By Bridget Furbee The Supreme Court of Appeals of West Virginia will decide a certified question sent by the Doddridge County Circuit Court. On September 25, 2012, oral argument was held before the Court in the case of James Martin, Director DEP and EQT Production Co. v. Matthew Hamblet . The surface...

Steptoe & Johnson PLLC: Mechanical Integrity Assessment in Pennsylvania

By Stephen C. Smith Well operators in Pennsylvania must inspect each operating well at least quarterly to ensure it is in compliance with the well construction and operating requirements as required by Pa. Code title 25, § 78.88 . At a minimum, inspections must determine: (1) The well-head...

Steptoe & Johnson PLLC: Court Ruling a Victory for Kentucky Pipeline Eminent Domain Opponents

By J. Kevin West On March 25, 2014, a Circuit Court in Kentucky ruled in favor of those opposed to an interstate natural gas liquids (“NGLs”) pipeline’s potential use of eminent domain under the laws of the Commonwealth of Kentucky. The interstate pipeline is not subject to regulation...

Steptoe & Johnson PLLC: Pennsylvania DEP Repurposes Rules for Oil and Gas Wells – Industry Concerns Increase

By Gary E. Slagel | As was previously noted on this blog site, the PA Department of Environmental Protection embarked on an effort several years ago to revise its Chapter 78 rules pertaining to the permitting and environmental issues associated with oil and gas operations. These proposed rules were...