Ben Franklin once said that “nothing is certain except death and taxes”. Fortunately for Mr. Franklin, he passed away before governments learned about “fees”. The many Pennsylvania property owners who are now being assessed...more
12/1/2025
/ Appeals ,
Appellate Courts ,
Clean Water Act ,
Code of Federal Regulations (CFR) ,
Constitutional Challenges ,
Environmental Litigation ,
Local Ordinance ,
Municipalities ,
NPDES ,
Pennsylvania ,
Property Owners ,
Regulatory Requirements ,
Special Assessments ,
State and Local Government ,
Statutory Interpretation ,
Storm Water ,
Stormwater Discharge Permits ,
Taxation ,
Water Quality
There used to be a familiar sight when traveling west on U.S. Route 22 and coming down Chestnut Ridge toward Pittsburgh — the massive cooling towers and chimneys of the Homer City Generating Station. This coal-fired plant,...more
11/21/2025
/ Artificial Intelligence ,
Cloud Computing ,
Contract Terms ,
Data Centers ,
Electricity ,
Energy Policy ,
Energy Projects ,
Energy Sector ,
Gas Prices ,
Gas Royalties ,
Infrastructure ,
Natural Gas ,
Natural Gas-Fired Power Plants ,
Oil & Gas ,
Power Plants ,
Royalties ,
Transmission Grid
On September 5, 2025, Pennsylvania Senate Bill 991, the “Data Center Siting and Permitting Act” began its legislative journey with the aim of reducing red tape and attracting substantial data center investment to the...more
10/21/2025
/ Brownfield Properties ,
Data Centers ,
Department of Environmental Protection ,
Economic Development ,
Infrastructure ,
New Legislation ,
Pennsylvania ,
Permits ,
Popular ,
Property Owners ,
Real Estate Development ,
Regulatory Reform ,
Regulatory Requirements ,
Site Remediation ,
State and Local Government ,
State Legislatures
The “cloud” is an ever-present part of modern life. It can be difficult to watch television or to read something on the internet without seeing some reference to, or advertisement for, the “cloud”. In fact, what you are...more
10/7/2025
/ Appeals ,
Appellate Courts ,
Community Development ,
County Planning Commissions ,
Data Centers ,
Economic Development ,
Infrastructure ,
Land Use Restrictions ,
Local Ordinance ,
Municipalities ,
Planning Approval Process ,
Real Estate Development ,
State and Local Government ,
Zoning Laws
In its May 6, 2025 decision in Protect Elizabeth Township v. Elizabeth Township, the Pennsylvania Supreme Court determined that a local zoning ordinance required oil and gas facilities to be the principal structures on...more
9/30/2025
/ Appeals ,
Conditional Use Permit ,
Filing Deadlines ,
Land Use Restrictions ,
Land-Use Permits ,
Local Ordinance ,
Municipalities ,
Oil & Gas ,
PA Supreme Court ,
Pennsylvania ,
Real Estate Development ,
Renewable Energy ,
Solar Energy ,
Solar Farm ,
Zoning Laws
If you drive around Pennsylvania, you are likely not going to encounter a “For Sale” sign offering a cavern in the ground. But the voids, pore spaces, and cavities in the subsurface can be quite valuable now and in the...more
8/13/2025
/ Appellate Courts ,
Carbon Capture and Sequestration ,
Contract Interpretation ,
Deeds ,
Energy Sector ,
Energy Storage ,
Mineral Extraction ,
Mineral Leases ,
Mineral Rights ,
Oil & Gas ,
Pennsylvania ,
Property Owners ,
Subsurface Conditions ,
Surface Owner ,
Texas ,
TX Supreme Court
Does the Texas Supreme Court’s Decision in Cactus Water Services v. COG Operating Provide Guidance About Lithium and Rare Earth Minerals Ownership in Pennsylvania?
Lithium demand is expected to continue to increase as...more
8/1/2025
/ Contract Disputes ,
Contract Interpretation ,
Energy Sector ,
Fracking ,
Land Owners ,
Lithium Batteries ,
Mineral Extraction ,
Mineral Leases ,
Mineral Rights ,
Natural Gas ,
Oil & Gas ,
Pennsylvania ,
Property Owners ,
Rare Earth Metals ,
Texas ,
TX Supreme Court ,
Wastewater ,
Water ,
Water Rights
In a June 13, 2025 decision, the Pennsylvania Commonwealth Court held that a municipality impermissibly granted conditional use approval to an oil and gas well pad and interconnect facility on tax lots that were already...more
6/25/2025
/ Appeals ,
Conditional Use Permit ,
Environmental Litigation ,
Interconnections ,
Judicial Authority ,
Local Ordinance ,
Municipalities ,
Natural Gas ,
Oil & Gas ,
Oil Wells ,
PA Supreme Court ,
Pennsylvania ,
Permits ,
Property Owners ,
Regulatory Requirements ,
Rural Development ,
Zoning Laws
Pennsylvania Senate Bill 102 Moves Forward-
On May 12, 2025, Pennsylvania Senate Bill 102 was referred to the Pennsylvania Senate Appropriations Committee. The draft legislation had originally been referred to the...more
5/28/2025
/ Energy Policy ,
Impact Fees ,
Municipalities ,
Natural Gas ,
Oil & Gas ,
Pennsylvania ,
Proposed Legislation ,
Public Utility ,
Regulatory Reform ,
Regulatory Requirements ,
State and Local Government ,
Zoning Laws
On May 6, 2025, the Pennsylvania Senate passed Senate Bill 349 by a vote of 49-1. A week later, on May 13, 2025, the legislation was referred to the state House Environmental and Natural Resource Protection Committee to begin...more
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 ,
FERC ,
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 ,
Digital Currency ,
Emerging Technologies ,
Hackers ,
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