Residential Real Estate, Energy & Utilities Law, Commercial Law & Contracts

Real Estate Tip – Renewable On-Site Power: Who Pays to Charge a Tenant’s Chevy Volt?

by Richard Smith | Bernstein Shur on 5/10/2013

In two previous LEED tips, Part 1 and Part 2, we explored how taking steps that result in LEED certification may yield little if any improvement in energy efficiency. Another efficiency-neutral LEED concern is clean on-site...more

Pennsylvania Supreme Court Confirms The Dunham Rule

by Charles Sartain | Looper Reed & McGraw, P.C. on 5/3/2013

If it ain’t broke, don’t fix it. Or, as said by the Pennsylvania Supreme Court, “A rule of property long acquiesced in should not be overthrown except for compelling reasons of public policy or the imperative demands of...more

Part II - How Will North Carolina Handle Forced Pooling?

by Jessica L. Kimble | Spilman Thomas & Battle, PLLC on 5/3/2013

As discussed in Part I, the North Carolina Mining and Energy Commission (“N.C. MEC”) will present its report on hydraulic fracturing to the Joint Legislative Commission on Energy Policy and the Environmental Review Commission...more

Pennsylvania Supreme Court Upholds Statewide Oil And Gas Conveyance Rules

by Jason Yearout | BakerHostetler on 5/3/2013

In October of 2012 the Pennsylvania Supreme Court heard oral argument on two key cases that potentially could reshape the laws and rules applicable to hydraulic fracturing in the state. We wrote extensively about these cases...more

Pa. Supreme Court Issues Decision in Butler Case

by Michael Connelly | Spilman Thomas & Battle, PLLC on 5/2/2013

On April 24, 2013, the Pennsylvania Supreme Court issued its highly anticipated decision in the Butler v. Charles Powers Estate case. The Supreme Court decided to maintain the status quo in Pennsylvania by reaffirming the...more

Pennsylvania Supreme Court Reaffirms Dunham Rule, Confirms that Marcellus Shale Natural Gas is not a "Mineral"

by Levi Jones | Schnader Harrison Segal & Lewis LLP on 4/29/2013

On April 24, 2013, the Pennsylvania Supreme Court in Butler v. Powers held that Marcellus shale “natural gas is presumptively not a mineral for purposes of private deeds.” The Court reaffirmed the “Dunham Rule,” which applies...more

Part I – How will North Carolina Handle Forced Pooling?

by Jessica L. Kimble | Spilman Thomas & Battle, PLLC on 4/29/2013

By October 1, 2013, the North Carolina Mining and Energy Commission (“N.C. MEC”) must report its findings and recommendations for hydraulic fracturing to the Joint Legislative Commission on Energy Policy and the Environmental...more

The Supreme Court of Pennsylvania in Butler Affirms the Long-Standing Dunham Rule and Brings Certainty to Marcellus Shale Natural...

by Christopher Boisvert, Karen Daly, Argia DiMarco, Michael Kichline, William McEnroe | Dechert LLP on 4/26/2013

The Supreme Court of Pennsylvania in Butler v. Charles Powers Estate1 unanimously reversed the ruling of the Superior Court which held that an evidentiary hearing “complete with expert, scientific testimony” is necessary to...more

New Floodplain Ordinance Targets Oil and Gas Operations

by Mark Clark | Spilman Thomas & Battle, PLLC on 4/26/2013

The County Commission in Doddridge County, West Virginia is currently considering amendments to its Floodplain Ordinance as a result of a December 17, 2012 decision by the Circuit Court of Doddridge County. (Comments to the...more

What Is An Enforceable Property Description?

by Travis Booher, Charles Sartain | Looper Reed & McGraw, P.C. on 4/9/2013

Valid Description? We don’t need no valid stinking description! Actually, in May v. Buck, a Texas Court of Appeals says you do. The need for a sufficient property description in a oil and gas transaction seems like an...more

Legal Update: New Legally Required Disclosures

by Xavier Gutierrez | Miller Starr Regalia on 3/12/2013

Starting July 1, 2013, you will be legally required to make the following additional disclosures in certain California real estate contracts and leases: Accessibility Compliance Disclosure: California Civil...more

Pennsylvania Legislature Considers Amendments to the Dormant Oil and Gas Act

by Stefanie Lepore | Reed Smith on 2/13/2013

Proposed changes to Pennsylvania’s Dormant Oil and Gas Act may lead to disputes over the validity of existing oil and gas leases. In Pennsylvania, it has been long understood that the oil and gas subsurface estate may be...more

Focused on California - January 2013

by Lisa Estabrook, Mike McGuire | Archer Norris PLC on 1/30/2013

In this issue: -Changes to Mobilehome Residency Law effective Jan. 1, 2013 -Civil Code Amendments Pertaining To Non Homeowners In Mobilehome Parks -Changes To The Public Utilities Code -Changes To The...more

Oil and Gas Leasing and Development: A Real Estate Lending Perspective

by Steven Regan | Reed Smith on 1/3/2013

The Marcellus, Utica and other Shale gas plays have been an economic boon to landowners, the oil and gas industry, and the states and communities in which production is occurring. The impacts of shale oil and gas development...more

Aktuelle Analysen und Anregungen für Immobilien-investoren

by Orrick, Herrington & Sutcliffe LLP on 12/20/2012

„Führerschein und Papiere bitte" – ab 2013 gilt das auch für Verwalter von Immobilienfonds Und das Kapitalanlagegesetzbuch (KAGB) sieht noch eine Reihe weiterer Neuerungen vor. Diese Neuerungen betreffen auch die...more

New State Bill Aims To Make Solar Power A Reality For Renters

by Robert Freedman - Partner at Tharpe & Howell,... on 10/19/2012

Homeowners and renters in California may soon be able to access solar or other renewable energy from community based self-generation programs as an alternative to the power grids offered by the state’s three major public...more

Drillers Hose Texas Landowners with Fast & Dirty Fracking

by Lawyers.com on 10/15/2012

Hydraulic fracturing, or “fracking,” – a method of oil and gas extraction – was already controversial because of charges that the process is harmful to the environment. Now it’s being used to rip off landowners who refuse to...more

New York State Extends and Expands Solar Energy System Tax Incentives

by Phillips Lytle - Renewable Energy on 10/2/2012

Governor Andrew Cuomo, as part of his ongoing “NY-Sun” program intended to accelerate customer-sited solar electricity capacity in New York State, recently signed into law three bills which further this initiative....more

Is Production Required to Maintain Flat-Rate Royalty Oil and Gas Leases in Pennsylvania? It Depends...

by K&L Gates LLP on 8/8/2012

In Heasley v. KSM Energy, Inc. the Pennsylvania Superior Court recently affirmed a trial court’s decision reiterating the distinction between those flat-rate royalty oil and gas leases which are dependent on production of oil...more

Interpreting Oil and Gas Leases in Pa.'s Shale Gas Era

by K&L Gates LLP on 8/2/2012

Originally published in the July 31, 2012 issue of The Legal Intelligencer. © 2012 ALM Media Properties, LLC. An oil and gas lease is the fundamental document through which a producer obtains rights to explore for and...more

Fracking Risk and the Nationwide Underwriting Guidelines

by Gilbert LLP on 7/24/2012

Nationwide Mutual Insurance Co. made headlines in the ongoing debate over hydraulic fracturing earlier this month, declaring that it won’t cover damage related to the controversial drilling process. ...more

PA Tax Law News -- July 2012

by McNees Wallace & Nurick LLC on 7/3/2012

In This Issue: PA Adopts Business Friendly Budget & Tax Changes; Pennsylvania Changes Position on Taxation of "Cloud Computing"; Recent PA Sales Tax Guidance Concerning Natural Gas and Other Mining Activities;...more

Two Significant Cases Impacting the Oil and Gas Industry in Pennsylvania

by Reed Smith on 3/13/2012

In Pennsylvania, Reed Smith won two recent appellate court decisions for the oil and gas industry. In Katzin v. Central Appalachia Petroleum, LLC, No. 135 M.D.A. 2011, 2012 PA Super. 10 (Pa. Super. Ct. Jan. 19, 2012), the...more

Shell Oil Co. v. Ross: Texas Supreme Court Opinion on the Statute of Limitations Favors Operators over Royalty Owners

by King & Spalding on 3/8/2012

In December 2011, the Texas Supreme Court issued its latest decision on the statute of limitations and fraudulent concealment exception. In the case, Shell entered into a mineral lease with the Ross family in 1961. Under the...more

The Water Act: Do You Understand Your Rights, Responsibilities And Risks?

by Field Law on 2/20/2012

Virtually all of us take our access to and use of fresh water for granted. However, water rights are, and should be, a significant concern for many Albertans. Those who reside or do business in rural areas, have a water well...more

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