Let’s assume that you own 125 acres in Tioga County. In 2017, you negotiate a new oil and gas lease with XYZ Drilling. During the negotiations, you insist on a “gross royalty” which prohibits the deduction of...more
At its December 2021 Oral Argument Session, the Supreme Court of Pennsylvania will hear arguments in three consolidated cases involving the installation of smart meters by electric utilities. A smart meter is part of a...more
The Rule of Capture has been a foundational concept of oil and gas prospecting for 150 years. The Rule of Capture exists to provide an affirmative defense to drillers when they tap into oil and gas pockets that cross property...more
The Pennsylvania (PA) Supreme Court issued its unanimous decision on August 20 in PPL Electric Utilities Corp. v. City of Lancaster, invalidating a municipality’s efforts to impose annual fees on utilities to occupy public...more
PA Supreme Court Upholds Decision Allowing Drilling in All Districts Under a Local Zoning Ordinance as Long as They Meet Standards - "This case is one of several recent decisions in Commonwealth Court and the PA Supreme...more
State Files Motion to Dismiss Federal Lawsuit by EQT - "Lawyers representing the Secretary of the state Department of Environmental Protection have filed a motion to dismiss a lawsuit by the natural gas company EQT over a...more
While many key provisions of Act 13 have now been struck down by the Supreme Court’s two Robinson decisions, much of the Act remains. Act 13 of 2012 represented a major overhaul of Pennsylvania’s oil and gas law and...more
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
This summer, the Supreme Court of Pennsylvania addressed an important question that has divided other courts: if an insurer defends a claim subject to a reservation of rights, may the insured settle the claim without the...more