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The Supreme Court of Appeals of West Virginia Answers Important Issues for Oil and Gas Well Operators

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

Rule of Capture Does Not Apply to Hydraulic Fracturing

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

Appeals Court Thwarts Trump Effort to Stall Implementation of Methane Rules

Although the fight remains ongoing, a recent U.S. Court of Appeals decision requires the Environmental Protection Agency (EPA) to immediately enforce Obama-era rules intended to reduce emissions from new oil and gas...more

West Virginia Court Pivots Toward Industry in Recent Post-Production Deduction Case

A recent decision by the West Virginia Supreme Court of Appeals has called into question its own precedent on the permissibility of post-production deductions and the calculation of oil and natural gas royalties, reversing...more

Pennsylvania Court: Sublease of Production Rights Does Not Sever “Dual-Purpose” Oil and Gas Leases

In a published opinion, the Pennsylvania Superior Court ruled that utilization of the subject land for gas storage held production rights under a “dual-purpose” lease providing for both storage and production. See Loughman v....more

Ohio Supreme Court: Form Oil and Gas Lease Not Void as Against Public Policy

Earlier this week, in an unsurprising but nevertheless meaningful decision, the Ohio Supreme Court unanimously ruled that the standard form oil and gas lease at issue was not “perpetual,” and thus was not void as against...more

Pa. Supreme Court Denies Equitable Tolling of Oil and Gas Lease’s Primary Term

Last week, the Pennsylvania Supreme Court, on certification from the United States Court of Appeals for the Third Circuit, ruled that the primary term of an oil and gas lease would not be equitably tolled during the pendency...more

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