What Happens When a Parcel is Split Zoned?-
Municipal zoning maps frequently include the entirety of a lot or a tax parcel within a given zoning district. But, sometimes zoning maps do not do this. Sometimes, zoning maps...more
In a February 7, 2025 decision in Simon v. Sunoco Pipeline LP, No. 2015-3302 (Wash. Cty. February 7, 2025), the Court of Common Pleas of Washington County, Pennsylvania concluded that Sunoco Pipeline LP and Sunoco Logistics...more
2/24/2025
/ Eminent Domain ,
Energy Projects ,
Energy Sector ,
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Infrastructure ,
Jurisdiction ,
Litigation Strategies ,
Natural Gas ,
Oil & Gas ,
Pennsylvania ,
Pipelines ,
Property Owners ,
Public Utility ,
State and Local Government
Pennsylvania Senate Bill 1346 which was introduced at the end of the 2023-2024 legislative session. Its aim was to restrict the distribution of unconventional gas well fees to municipalities whose zoning ordinances...more
2/12/2025
/ Energy Policy ,
Energy Sector ,
Municipalities ,
Natural Gas ,
New Legislation ,
Oil & Gas ,
Pennsylvania ,
Proposed Legislation ,
Public Utilities Commission ,
Regulatory Agenda ,
Regulatory Reform ,
State and Local Government ,
Zoning Laws
On November 7, 2024, several Pennsylvania state senators from oil and gas producing regions introduced Senate Bill 1346 of 2024, which proposes to change the way that revenues from Pennsylvania’s unconventional well fee are...more
12/12/2024
/ Distribution Rules ,
Environmental Policies ,
Fees ,
Homestead Exemption ,
Local Ordinance ,
Municipalities ,
Oil & Gas ,
Oil Wells ,
Pennsylvania ,
Revenue ,
Surface Water ,
Well Drilling ,
Zoning Laws
Burdens of Proof in Special Exceptions and Conditional Uses After Cogan Properties LLC v. East Union Township Zoning Hearing Board, et al.- Shifting burdens of proof are hallmarks of special exceptions and conditional uses in...more
On September 6, 2024, the United States District Court for the Middle District of Pennsylvania denied dueling summary judgment motions concerning the interpretation of a royalty provision in Chambers v. Equinor USA Onshore...more
If you have bought or sold property in Pennsylvania, you have likely encountered the Oil, Gas and/or Mineral Rights/Interests Disclosure© form prepared by the Pennsylvania Association of Realtors as part of the sales...more
Starting on Monday, October 21, 2024, the Butler County, Pennsylvania Court of Common Pleas will require an Affidavit about the use of Generative AI to be attached to court filings. This marks a new development in courts’...more
Leases for solar energy facilities offer property owners the potential for a predictable, long-term revenue stream. But, because of the potential decades-long duration of a lease for solar energy facilities, things like...more
On July 17th 2024, the Solar for Schools Act, known as Act 68 of 2024, became effective in Pennsylvania. The Solar for Schools Act creates a framework for the Pennsylvania Department of Community and Economic Development to...more
In a July 17, 2024 Opinion, the Pennsylvania Supreme Court decided in AUUE, Inc. v. Borough of Jefferson Hills Zoning Hearing Board, No. 28 WAP 2022, ___ A.3d ___ (Pa. 2024), that the Pennsylvania Municipalities Planning Code...more
The widespread and debilitating impacts of the recent faulty Crowdstrike® software update has caused businesses to evaluate processes and examine potential claims and defenses related to the deleterious commercial impacts of...more
8/23/2024
/ Blockchain ,
Coinbase ,
Contract Claims ,
Cryptocurrency ,
Cybersecurity ,
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Limitation of Liability Clause ,
Popular ,
Ransomware ,
RICO ,
Risk Allocation ,
Terms of Use
In its May 22, 2024 non-precedential memorandum decision in Frye v. Penn View Exploration, Inc., 919 WDA 2023 (Pa. Super. Ct. May 22, 2024), the Pennsylvania Superior Court found that an oil and gas lease’s shut-in royalty...more
In Plum Borough v. Zoning Hearing Board of the Borough of Plum,____ A.3d ____ , No. 1198 CD 2022 (Pa. Commw. Ct. Jan. 29, 2024), the Pennsylvania Commonwealth Court vacated the grant of a special exception to Penneco...more
Questions about the zoning of oil and gas development operations have persisted in Pennsylvania for years. Now, cryptocurrency and data mining operations may create new wrinkles in long-running disputes about oil and gas...more
Although historically viewed as a waste, produced water that comes to the surface as part of the oil and gas production stream now potentially has value. Produced water can be recycled and reused as part of hydraulic...more
A company in New York is attempting to secure leases to allow it to produce oil and gas and to use the leased land for a carbon dioxide injection program for long-term storage. Does this herald a new type of development that...more
In Cromwell v. Anadarko E&P Onshore, LLC, 676 S.W. 3d 860 (Tex. App. 2023), the Texas Court of Appeals confirmed the automatic termination of an oil and gas lease, and simultaneously rejected the argument that a forfeiture...more
In an October 10, 2023, the United States District Court for the Middle District of Pennsylvania dismissed a gas driller’s declaratory judgment lawsuit involving an oil and gas lease in the SWN Production Company, LLC v. Blue...more
The potential for repurposing old oil and gas wells for renewable energy raises a number of complex legal issues in Pennsylvania. In recent years, the federal government has been exploring renewable energy generation by using...more
The recently filed Hobe Minerals Limited Liability Company v. Bonanza Creek Energy Operating Company, LLC, et al lawsuit in a Colorado trial court challenges whether intermittent cryptocurrency mining can maintain an oil and...more
Before signing oil and gas leases, landowners should pay close attention to lease provisions asking for warranties and representations about prior oil and gas development on the land. These provisions are often buried in a...more
Agreeing to a contract does not require everyone sitting around a table signing documents; sending a “thumbs up” text message emoji was sufficient to agree to a contract according to a recent Canadian court decision....more
On June 20, 2023, Pennsylvania State Senators Yaw, Robinson, Stefano and Vogel introduced Senate Bill 831, the “Carbon Capture and Sequestration Act” with the intent to address the use of pore space for carbon sequestration....more
The United States District Court for the Western District of Pennsylvania’s recent decision in Bootes v. PPP Future Development, Inc., C.A. No. 22-154 (W.D.Pa. March 21, 2023) denying a gas company’s request to dismiss oil...more