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Appeals Court Thwarts Trump Effort to Stall Implementation of Methane Rules

Although the fight remains ongoing, a recent U.S. Court of Appeals decision requires the Environmental Protection Agency (EPA) to immediately enforce Obama-era rules intended to reduce emissions from new oil and gas...more

Oklahoma Federal Court Denies Injunctive Relief in Wind Farm Nuisance Suit

A recent decision in the U.S. District Court for the Western District of Oklahoma, Terra Walker et al. v. Kingfisher Wind, LLC, No. 5:14-cv-914-D, Doc. 160 (W.D. Okla. Oct. 13, 2016), could sound a death knell for nuisance...more

District Court Strikes Down Controversial BLM Fracking Rule

In a decision sending shockwaves across the nation’s oil and gas industry, the U.S. District Court for the District of Wyoming yesterday set aside the Bureau of Land Management’s rule to govern hydraulic fracturing on federal...more

Ohio Supreme Court: Form Oil and Gas Lease Not Void as Against Public Policy

Earlier this week, in an unsurprising but nevertheless meaningful decision, the Ohio Supreme Court unanimously ruled that the standard form oil and gas lease at issue was not “perpetual,” and thus was not void as against...more

Fourth Circuit Joins Courts in Pennsylvania and Ohio in Holding that Dual Purpose Oil and Gas Lease Is Not Severable

As we have often reported, landowners’ efforts to evade the plain terms of “dual purpose” leases, providing for both production and natural gas storage, have almost universally failed. Most recently, on December 28, 2015, the...more

Pennsylvania Superior Court Affirms Striking of 24-Year-Old Default Judgment, and Holds That Leasing Is Not Enough to Claim...

The development of the Marcellus Shale in Pennsylvania has led to a number of disputes about historical judgments that purportedly divested reserved oil and gas rights from their owners. During the 20th century, surface...more

Pennsylvania Court: Using Property for Gas Storage Holds Production Rights Under “Dual Purpose” Leases

A recent trial victory for Range Resources – Appalachia LLC and Columbia Energy Ventures LLC (CEV) fills gaps left by the prior leading decisions on “dual purpose” storage and production leases, and cements the rights of...more

EPA Issues Landmark Hydraulic Fracturing Study, Finds “No Widespread, Systemic Impacts on Drinking Water”

The U.S. Environmental Protection Agency has released a draft of its hotly anticipated hydraulic fracturing study, finding that the controversial practice has not led to widespread, systemic impacts on drinking water, as some...more

Ohio Supreme Court Invalidates Local Oil and Gas Regulation

Good news for the oil and gas industry in Ohio came last week in the form of a Supreme Court decision invalidating local ordinances that sought to regulate oil and gas production activities, weighing in on what has recently...more

2/27/2015

Pa. Supreme Court Denies Equitable Tolling of Oil and Gas Lease’s Primary Term

Last week, the Pennsylvania Supreme Court, on certification from the United States Court of Appeals for the Third Circuit, ruled that the primary term of an oil and gas lease would not be equitably tolled during the pendency...more

Pennsylvania Superior Court: Storage Activities Hold Production Rights Under "Dual Purpose" Lease

The explosion of natural gas production in the Appalachian Basin in recent years has led to litigation involving landowners trying to get out of existing oil and gas leases to take advantage of the fierce competition among...more

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