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Steptoe & Johnson: Delaware River Basin Commission Releases Final Rules On Natural Gas Development

On Tuesday [Nov. 8], the Delaware River Basin Commission ("DRBC") released its revised rules on natural gas development in the basin after a public comment period during which the commission received over 69,000 comments. The revised rules maintain many of the attributes of the initial draft...

Steptoe & Johnson: West Virginia House of Delegates Passes Legislation to Lure an Ethane Cracker Facility

By L. Gil White In ongoing attempts to best position the state to attract an ethane cracker facility to the state, the West Virginia House of Delegates passed House Bill 4086 yesterday which grants substantial tax incentives for large investments of capitol in West Virginia aimed at growing manufacturing...

Steptoe & Johnson PLLC: Ohio EPA Finalizes General Air Permit for Oil & Natural Gas Production Wells

By Katerina E. Milenkovski On February 1, 2012, Ohio EPA issued a final general air permit for oil and natural gas production well sites . The general permit covers a variety of emissions sources found at most shale gas well sites, including internal combustion engines, generators, dehydration systems...

Fulbright & Jaworski: Hydraulic Fracturing as a Subsurface Trespass, Part 1 in a Series of 5

This article is the first in a series of five posts. Hydraulic fracturing activities continue to rise, and are at the center of much debate and litigation focusing on the potential health risks associated with the process. But an emerging issue with fracturing activities, and one that only the...

Steptoe & Johnson PLLC: Pennsylvania Court Throws Out Zoning Provisions Governing Marcellus Shale Activities

By Russell L. Schetroma and Nathaniel I. Holland In a 4-3 decision [ enhanced version available to lexis.com subscribers ], the Pennsylvania Commonwealth Court struck down portions of the state's new law - dubbed Act 13 - governing Marcellus shale activities as unconstitutional. In their decision...

Fulbright Briefing: Pa. Commonwealth Court Overturns Significant Portions of Act 13; Appeal Filed Next Day

By Kenneth S. Komoroski , Matthew H. Sepp and Michael P. Gaetani The Pennsylvania General Assembly enacted the Oil and Gas Act ("Act 13"), which substantially revises the Oil and Gas Act of 1984, 58 P.S. § 601.101 et seq., and was signed into law by Governor Tom Corbett on February...

Fulbright & Jaworski LLP: Summit Petroleum: EPA's Aggregation of Oil and Gas Emissions Based on 'Mere Functional Relatedness' is Unreasonable

A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit* in Summit Petroleum Corporation v. U.S. Environmental Protection Agency (Nos. 09-4348; 10-4572) [ enhanced version available to lexis.com subscribers ] vacated EPA's order aggregating Summit's sour gas wells and sweetening...

Steptoe & Johnson PLLC: West Virginia Supreme Court of Appeals Rules in Gas Utility Case

By Lori A. Dawkins and Allison J. Farrell The West Virginia Supreme Court of Appeals just issued an important decision for all natural gas utilities with operations in West Virginia with its Memorandum Decision No.11-1511 (Harrison County 10C391). In this decision, issued February 11, 2013, the state's...