Marcellus Shale

News & Analysis as of

Post-Production Issues and Oil & Gas Leases

So your oil and gas lease has now converted from the primary term to the secondary term – now what? There are several issues that a landowner or mineral interest owner should be aware of at this stage of the lease. ...more

The Shale Play Today - January 2014

In This Issue: - Pa. Supreme Court Strikes Down Key Provisions of Act 13 - Midstream Remains a Hot Spot in Marcellus & Utica Region - Marcellus Shale Responsible for $1.14 Billion in Deals - Marcellus Shale...more

Pennsylvania Supreme Court Declares Portions of Marcellus Shale Act Unconstitutional, Upholds Local Regulation of Oil and Gas...

On December 19, 2013, in Robinson Township v. Commonwealth of Pennsylvania et al., the Pennsylvania Supreme Court declared portions of Act 13 of 2012 (Act 13), commonly known as the “Marcellus Shale Act,” unconstitutional. As...more

Beyond the Shale - Zoning Implications for Municipalities: Robinson Township, et. al v. Commonwealth of Pennsylvania

Much has been made of the Pennsylvania Supreme Court’s recent decision in Robinson Township, et. al v. Commonwealth of Pennsylvania as it relates to Marcellus Shale and who - the Commonwealth or the local municipality - can...more

Pennsylvania Supreme Court Ruling Impacts Shale Development

On December 19, 2013, the Pennsylvania Supreme Court issued its decision on the constitutionality of Act 13—a comprehensive set of amendments to the Pennsylvania Oil and Gas Act. The court declared unconstitutional certain...more

FERC Issues Order Asserting Jurisdiction over Ethane Pipelines Under the Interstate Commerce Act

On December 31, 2013, the Federal Energy Regulatory Commission (“FERC”), in a case of first impression, confirmed its jurisdiction over and its intention to regulate the economic and operational aspects of the interstate...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

Third Circuit Remands Marcellus Shale Case Based on the Class Action Fairness Act's Local Controversy Exception

The Third Circuit recently clarified the home state and local controversy exceptions to the Class Action Fairness Act (CAFA), remanding proceedings in a case involving Marcellus Shale oil and gas leases to a Pennsylvania...more

The export shale revolution

This week, the U.S. Department of Energy approved its first-ever liquefied natural gas export license for the exportation in the Marcellus Shale. In the northeastern part of the United States in and around New York and...more

Pennsylvania Drillers May Soon Face Tightened Environmental Regulations

Oil and gas drillers in Pennsylvania’s Marcellus Shale formation may soon find themselves subject to more stringent environmental protection standards under regulations proposed by the Pennsylvania Department of Environmental...more

Pa. Litigation Update

This summer was anything but a sleepy period for decisions from Pennsylvania courts on issues important to the oil and gas industry. Here are summaries of four cases issued in July and August - one from the Third Circuit...more

The Shale Play Today - August 2013

In This Issue: - Pa. Litigation Update - Lease Contests in the W.Va. Shale Gas Plays - Shell Taking Bids for Beaver Co., Pa. Ethane Cracker Plant - DEP & Landfill Owners Not Alarmed by Marcellus Waste at...more

From the Ohio River to the Marcellus and Utica Hydraulic Fracturing Sites – Company to Build Pipeline for Water Transport

As oil and gas companies across the country face increasing pressure to decrease their use of fresh water for fracking operations, new and innovative solutions are sought....more

PA DEP Revises Marcellus Gas Well Site Air Quality Permit Criteria

On Thursday, August 8, 2013, the Pennsylvania Department of Environmental Protection (DEP) released final air quality plan exemption criteria to be applied to unconventional natural gas wells (i.e., gas wells drilled into the...more

Department of Energy Report Indicates Fracking Has Not Contaminated Drinking Water in Western Pennsylvania

A recent study by the Department of Energy’s National Energy Technology Laboratory (NETL) indicates that chemical-laced fluids used in hydraulic fracturing, or fracking, have not contaminated the drinking water at a test...more

DOE Study Finds Fracking Does Not Contaminate Drinking Water Sources in Marcellus Shale

Last week, the U.S. Department of Energy (DOE) told The Associated Press that the preliminary results of its study indicated that that fracking chemicals did not reach drinking water sources at a well site in the Marcellus...more

Reed Smith Marcellus Shale Tax Update - Recycle, Reuse, Reduce Your Tax Burdens

Pennsylvania’s broad mining exemption from sales and use tax also includes an exemption for pollution-control devices that is less well known than the general exemption for mining equipment. The pollution-control exemption...more

New York Appellate Court Throws Curveball at Fracking Debate

The Appellate Division of the New York Supreme Court, Third Department, unanimously rejected an appeal from Norse Energy Corporation, and affirmed the Town of Dryden’s right to prevent fracking through land use and zoning...more

Pennsylvania Supreme Court Upholds Statewide Oil And Gas Conveyance Rules

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

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

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

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

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

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

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

The Shale Play Today - March 2013

In This Issue: - W.Va. Legislative Update - Pipeline Expansion Means Abundant Natural Gas for N.C. - E&P Companies Join Forces with Environmentalists & Philanthropists - Useful Resource: Ohio Utica Shale...more

Oil and Gas Companies Partner with Environmental Groups to Develop Performance Standards for the Industry

The Center for Sustainable Shale Development (“CSSD”), an environmental organization located in Pittsburgh, Pa., has announced a program of Performance Standards that has been mutually agreed to by a number of environmental...more

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