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We Meant What We Said: Pa. Supreme Court Issues Latest Decision in Robinson Township

On September 28, 2016, the Pennsylvania Supreme Court issued its latest decision in Robinson Township v. Commonwealth. Link to decision HA Doc. 241394 This latest iteration of Robinson Township (referred to by the Court as...more

U.S. Supreme Court Puts the Brakes on Corps’ Wetlands Determinations

On May 31, 2016, in a (surprising) 8–0 decision, Chief Justice John Roberts, writing for the full Supreme Court, issued a ruling that will have far-reaching effects on landowners, real estate developers, farmers, oil and gas...more

Gas Company May Challenge Local Ordinance Prohibiting Deposit of Flowback Water into Underground Injection Wells

A Federal Magistrate Judge in Pennsylvania has ruled that an oil and gas exploration company may challenge a township ordinance that makes it unlawful to deposit flowback water into underground injection wells within the...more

Unanimous Pennsylvania Commonwealth Court rules that the Supreme Court’s interpretation of Environmental Rights Amendment in...

The Pennsylvania Commonwealth Court ruled on January 7, 2015 that the Supreme Court’s interpretation of the Environmental Rights Amendment in Robinson Township, which was backed by only three justices, is nonbinding. The...more

Rumors of the Death of “Title Washing” Are Greatly Exaggerated

On May 9, 2014, the Pennsylvania Superior Court reinvigorated a practice in Pennsylvania known as “title washing,” which has gained importance in recent years due to the development of the Marcellus Shale. Herder Spring...more

The Four Biggest Takeaways from the Pennsylvania Supreme Court’s Marcellus Shale Decision

In a huge victory for municipal governments and opponents of unconventional gas drilling, the Pennsylvania Supreme Court struck down portions of the commonwealth’s 2012 Oil and Gas Act (also known as “Act 13”). This Alert...more

12/23/2013  /  Marcellus Shale , Oil & Gas , Shale Gas

Butler v. Charles Powers Estate: Owners of Marcellus Shale Gas May Now Rest Easily

The Dunham Rule is alive and well in Pennsylvania and thousands of titles to Marcellus shale gas will not be impacted by any change in the law. Pennsylvania’s peculiar rule of property law—that says that oil and gas are not...more

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