On Wednesday, the Pennsylvania Supreme Court overturned a lower court decision that appeared to make the “rule of capture” inapplicable to oil and gas wells subjected to hydraulic fracturing, or “fracking.” Briggs v. Sw. Energy Production Co., No. 63 MAP 2018 (Pa. Jan. 22, 2020) (see majority opinion; see concurring and dissenting opinion). However, the … Continue Reading
On 2 November 2019, the UK government announced that it is ending its support for fracking in England. This follows a report from the UK’s Oil and Gas Authority (OGA), an independent subsidiary of the UK’s Department for Business, Energy and Industrial Strategy (BEIS), which found that it is not currently possible to accurately predict the likelihood or … Continue Reading
A coalition of landowners upset with New York’s continuing moratorium on fracking after a five plus year review have circulated a draft complaint suing the state. The complaint alleges that the moratorium is arbitrary and capricious and a regulatory taking, among other claims. With the circulated complaint comes a request for donations to fund the … Continue Reading
From Jillian Bunyan of GT Philadelphia: In her recent Pennsylvania Law Weekly article, Jillian Bunyan discusses the issue of local zoning and hydraulic fracturing (“fracking”). Ms. Bunyan uses the recent decisions of Matter of Norse Energy Corp, No. 515227, 2013 N.Y. Slip Op. 3145 (N.Y. App. Div., 3d Dept., May 2, 2013) and Cooperstown Holstein, … Continue Reading
On Wednesday, the Pennsylvania Supreme Court decided Butler v. Charles Powers Estate, No. 27-MAP-2012 (Pa. Apr. 24, 2013), re-affirming the general presumption in Pennsylvania law that a deed that conveys or reserves “minerals” does not convey or reserve rights in shale gas. This presumption dates at least from Dunham v. Shortt & Kirkpatrick, 101 Pa. … Continue Reading
Pennsylvania Governor Tom Corbett has announced his plans to implement recommendations made by the Marcellus Shale Advisory Commission, including more rigorous drilling standards and an impact fee.
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The Natural Gas Subcommittee of the Secretary of Energy Advisory Board has released its Ninety-Day Report, which includes a series of recommendations and a qualified endorsement of Marcellus Shale drilling.
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