News & Analysis as of

Summary Judgment Land Owners

Steptoe & Johnson PLLC

Pennsylvania Court Upholds Cross-Unit Drilling Under Act 85

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On January 24, 2023, the U.S. District Court for the Middle District of Pennsylvania held that Act 85 of 2019, which permits drilling horizontal oil and gas wells across existing drilling units, is not unconstitutional....more

Husch Blackwell LLP

Fourth Circuit Affirms Summary Judgment Based On North Carolina Independent Contractor Exception

Husch Blackwell LLP on

The Fourth Circuit recently held that a premises owner in an asbestos case was not liable to a pipefitter based on insufficient evidence of exposure and the independent contractor exception to landowner liability...more

Steptoe & Johnson PLLC

Ohio Supreme Court Rules on DMA's Notice Requirements for Abandonment of Mineral Interests

Steptoe & Johnson PLLC on

On December 17, the Supreme Court of Ohio held in Gerrity v. Chervenak that the circumstances of each respective case will control the efforts a surface owner must take before resorting to notice by publication under the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Littoral Rights/Lakefront: Florida Appellate Court Addresses Damage Action for View Obstruction

The District Court of Appeals of Florida (“Appellate Court”) addressed in an October 20th opinion a dispute between adjacent lakefront neighbors related to construction of a dock and walkway. See HagertySmith, LLC v....more

Pillsbury - Gravel2Gavel Construction & Real...

Fourth Circuit: PPL Montana, LLC v. Montana “Navigability” Principle Applies To NC

The U.S. Court of Appeals for the Fourth Circuit has decided the case of North Carolina v. Alcoa Power Generating, Inc. The Court of Appeals affirmed, in a 2 to 1 ruling, the decision of the U.S. District Court for the...more

Snell & Wilmer

Expert Testimony May Be Required To Establish CERCLA Innocent Landowner Defense

Snell & Wilmer on

On January 20, 2015, the United States District Court for the Eastern District of California in Coppola v. Smith, 2015 U.S. Dist. LEXIS 5127, addressed the application of CERCLA’s innocent landowner defense against a somewhat...more

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