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Colorado Royalty Litigation: Exhaustion of Administrative Remedies Before the Colorado Oil and Gas Conservation Commission

Few areas of the law have seen such substantial evolution in a three-year span as Colorado case law on oil and gas royalty litigation. Since 2015, 13 Colorado state district court opinions have required royalty plaintiffs...more

Cabot Oil & Gas Continues to Fight $4.24 Million Federal Court Jury Verdict on Landowners’ Nuisance and Negligence Claims

After a recent round of post-trial motion briefing in Ely v. Cabot Oil & Gas Corp., Case No. 3:09-cv-02284-MCC (M.D. Pa.), it appears one of the most heavily publicized landowner lawsuits against an exploration and...more

Midstream Gathering Agreements Targeted by Recent Oil & Gas Bankruptcies

Continuing low oil and natural gas commodity prices have led to bargain prices at the pump, but also high tension in many boardrooms. This strain on the industry has resulted in many exploration and production, or “E&P,”...more

The Fight to Stop the EPA’s “Clean Power Plan” Continues in the D.C. Circuit, Amid an Uncertain Future for Its Presumed Ultimate...

On February 19, 2016, 27 states, the United States Chamber of Commerce, and over 150 different organizations and entities (the “Petitioners”) filed their joint Opening Brief on Core Legal Issues (the “Opening Brief”), related...more

Thirty States and Numerous Other Interested Parties Seek an Immediate Supreme Court Stay of the EPA’s “Clean Power Plan”

On January 26, 2016, 29 states and state agencies, including Oklahoma, Texas, West Virginia, Ohio, Colorado, and Mississippi (the “29 States”), submitted an application (the “29 States Application”) to the United States...more

Recent Federal Legislation Rings In the New Year With Some Exciting Developments for Both the Renewable and Oil Energy Industries

On December 18, 2015, the current divided United States Congress, which has not been known for many grand compromises, passed an omnibus spending bill featuring key measures related to renewable energy tax credits and to the...more

EQT’s Lengthy Battle With the Pennsylvania Department of Environmental Protection Gets Its Day in State Supreme Court

On November 17, 2015, Pittsburgh-based energy company EQT Production Co. (“EQT”) presented its oral argument before the Pennsylvania Supreme Court, requesting it set aside a February 20, 2015, ruling of Commonwealth Court...more

Pennsylvania Township Moves to Revive an Ordinance Banning Disposal of Wastewater from Hydraulic Fracturing Activities, After...

On October 26, 2015, Grant Township, Pennsylvania, filed a Motion for Reconsideration of Western District of Pennsylvania District Court Magistrate Judge Susan Baxter’s October 14, 2015, ruling invalidating several elements...more

Pennsylvania Appeals Court Reverses Lower Court Decision and Allows a Natural Gas Well Project to Proceed in a Residential...

On September 9, 2015, Judge Mary Leavitt of the Commonwealth Court of Pennsylvania reversed the Court of Common Pleas of Lycoming County’s ruling, which had set aside the Board of Supervisors of Fairfield Township’s (the...more

The Second Circuit Court of Appeals Affirms Ruling That New York State’s Moratorium on Hydraulic Fracturing Did Not Extend the...

New York’s 2010 moratorium on hydraulic fracturing, culminating in Governor Andrew Cuomo’s formal ban of the practice in his state on December 17, 2014, made many large waves in the political, legal, and public arenas, the...more

D.C. District Court Judge Chastises the Department of the Interior, Ordering It to Deliver a Plan on a BLM Drilling Permit, After...

On July 27, 2015, D.C. District Court Judge Richard J. Leon entered a strongly worded order in Solenex LLC v. Jewell, chastising the defendants, including the Department of the Interior and numerous other federal agencies,...more

Third Circuit Court of Appeals Affirms That Pennsylvania Law Does Not Recognize Automatic “Equitable Extensions” of Oil and Gas...

On June 25, 2015, the United States Court of Appeals for the Third Circuit affirmed the District Court for the Middle District of Pennsylvania’s prior entry of summary judgment in favor of the lessor plaintiffs on the...more

North Carolina Adds a New Square to the Patchwork Quilt of State-by-State Treatment of Hydraulic Fracturing

New York State garnered worldwide media attention on December 17, 2014, when Governor Andrew Cuomo’s administration announced after six years of study that it was instating a complete ban on high-volume hydraulic fracturing...more

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