News & Analysis as of

Are Oil and Gas Producers Protecting the Environment?

In their search for Utopia, some opponents of oil and gas drilling ignore innovation … What’s harmful now will forever be that way....more

Observations of the Sixth Annual Developing Unconventional Gas Conference

I had the great learning experience of attending The Sixth Annual Developing Unconventional Gas Conference, known as DUG East, earlier this month. The conference is based around the sharing of ideas, performance updates, and...more

The Shale Play Today - June 2014

In This Issue: - Observations of the Sixth Annual DUG Conference - Mergers, Midstream, and the Marcellus and Utica Shales - Sunoco's Natural Gas Liquids Pipeline Delayed? - How Local Drilling Regulations May...more

6th Circuit Win in Oil and Gas Lease Dispute

On June 6, 2014, the Sixth Circuit affirmed the district court’s entry of summary judgment in favor of Chesapeake Appalachia, L.L.C. in Eastham v. Chesapeake Appalachia, L.L.C., Case No. 13-4233. This is the first appellate...more

A Discussion with Dave Spigelmyer, President, Marcellus Shale Coalition (MSC)

Recently, Spilman's Director of Energy & Transportation Services, Scott Rotruck, interviewed David Spigelmyer, president of the Marcellus Shale Coalition (MSC). Prior to his appointment to the MSC, Spigelmyer has enjoyed a...more

The Shale Play Today - May 2014

In This Issue: - A Discussion with Dave Spigelmyer, President, Marcellus Shale Coalition (MSC) - April Sees Record-Setting Gas Production - More Companies Exploring the Utica Shale in W.Va.'s Northern...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

Five Things Marcellus Shale Producers and Midstream Companies Should Consider Following the Robinson Township Act 13 Decision

While Robinson Township v. Commonwealth of Pennsylvania is being reconsidered on remand and certain aspects of Act 13 remain unclear, oil and gas companies in the process of obtaining state permits may take some steps to try...more

The Shale Play Today - May 2014

In This Issue: - Climate Action Plan Breathes New Life into Oil & Gas Air Regulations - Major Natural Gas Power Plant Announcement Indicates Different Uses for Marcellus & Utica Shale Gas - Natural Gas Expanding...more

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

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

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

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

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

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

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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