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Steptoe & Johnson PLLC: Pennsylvania Superior Court Challenges Dunham Rule for Marcellus Shale

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 , 101 Pa. 36 (1882) [ enhanced version available...

Energy Exploration in Pennsylvania Emerges Victorious

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 ( Minard Run Oil Company v. United States Forest Service...

Pennsylvania Decision Creates Uncertainty About Who Owns Shale Gas

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"; that is, owned by different parties...

Pennsylvania Energy Operators Argue Energy Exploration Merits Permanent Relief

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 in their lawsuit against the U.S. Forest Service...

Feds Ignore Law, Court Rulings In Pennsylvania, Legal Foundation Asserts

By William Perry Pendley DENVER - Energy operators in Pennsylvania, after a victory at the U.S. Court of Appeals for the Third Circuit in September 2011, on March 15 urged a Pennsylvania federal district court to ignore a brief filed by federal lawyers and to issue a final ruling in their lawsuit...

U.S. Forest Service Not In Contempt, Pennsylvania Federal Judge Rules

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 to process oil and gas lease development proposals...

Environmental Groups Ignore Rulings In Pennsylvania Energy Case, Legal Foundation Asserts

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 the property rights of oil and gas operators...

Energy Operators Contend Environmental Groups are Wrong in Pennsylvania Energy Case

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 court regarding the property rights of oil and gas...

Steptoe & Johnson PLLC: Ohio Court Limits Surface Rights from Mineral Reservation

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 boundaries. Jewett Sportsmen & Farmers Club...

Western Legal Group Argues Energy Case in Pennsylvania Court

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 Cir. [ enhanced version available to lexis.com subscribers...