On Nov. 14, 2024, the Supreme Court of Appeals of West Virginia issued a 3-2 opinion that answered two certified questions in Romeo v. Antero Resources Corp. The court found that oil and gas operators must bear postproduction...more
Are unpaid royalty payments for oil-and-gas leases subject to simple or compound interest? Simple, the Texas Supreme Court said in Samson Exploration, LLC v. Bordages on June 7, 2024....more
On April 10, 2024, Louisiana’s Second Circuit Court of Appeals released an important decision regarding pipeline servitudes. In ETC Tiger Pipeline, LLC v. DT Midstream, Inc. and DTM Louisiana Gathering LLC, No. 55,534-CA, the...more
The Pennsylvania Act 85 of 2019 amended the Pennsylvania Oil and Gas Lease Act to add a section permitting cross-unit drilling. On Jan. 24, 2023, the U.S. District Court for the Middle District of Pennsylvania upheld Act 85...more
In July 2023, the El Paso Court of Appeals held that produced water created in the fracking process is considered an oil and gas waste rather than water — meaning it belonged to the mineral lessee, not the surface owners. See...more
On June 5, 2023, the U.S. District Court for the Middle District of Pennsylvania denied Transcontinental Gas Pipeline Co. LLC’s (Transco) attempt to enjoin an administrative appeal proceeding before the Pennsylvania...more
Land rights and interests continue to be a prominent fixture in the legal landscape. Among other things, the ownership of highly sought-after pore space has been at the center of multiple property rights cases and legislation...more
On Dec. 2, 2023, the Environmental Protection Agency issued its final rule titled “Standards of Performance for New, Reconstructed, and Modified Sources and Emission Guidelines for Existing Sources: Oil and Natural Gas Sector...more
Regulatory interest in securing the nation’s energy infrastructure continued in 2023. On July 26, 2023, the Transportation Security Administration (TSA) announced significant updates to its security directive aimed at...more
Companies seeking to enforce eminent-domain power pursuant to the Natural Gas Act (NGA) and FERC certificates should continue to monitor PennEast Pipeline Co. v. New Jersey and its progeny. 938 F.3d 96, 99 (3rd. Cir. 2019)...more
As expected, President Biden’s first days in office were marked by a number of executive orders and other actions aimed at unwinding Trump-era environmental policies. For example, President Biden rejoined the Paris Agreement,...more
On Jan. 22, 2020, the Pennsylvania Supreme Court issued its highly anticipated ruling in Briggs v. Southwestern Energy Prod. Co., affirming that the rule of capture applies to unconventional oil and gas development “that...more
A Texas bankruptcy court recently ruled that dedication clauses in gas-gathering agreements run with the land and cannot be rejected by a debtor. That decision, In re Alta Mesa Resources, Inc., affirms an industrywide...more
On April 2, the Pennsylvania Superior Court held that hydraulic fracturing that results in the extraction of natural gas from adjoining land may constitute a claim for trespass.
In Briggs v. Southwestern Energy Production...more
On Dec. 4, 2016, the U.S. Army Corps of Engineers announced that it will not decide on Dakota Access LLC’s easement application until the Corps prepares an environmental impact statement. The decision is significant in that...more
On June 22, President Obama signed into law a new pipeline safety bill — the “Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016,” known as the PIPES Act of 2016. The law reauthorizes and funds the...more
The recent boom in natural gas production in the Appalachian Basin has led to a concomitant boom in litigation, as landowners who are lessors in long-standing oil and gas leases seek declarations that the leases are no longer...more
A recent trial victory for Range Resources – Appalachia LLC and Columbia Energy Ventures LLC (CEV) fills gaps left by the prior leading decisions on “dual purpose” storage and production leases, and cements the rights of...more
The explosion of natural gas production in the Appalachian Basin in recent years has led to litigation involving landowners trying to get out of existing oil and gas leases to take advantage of the fierce competition among...more