If you drive around Pennsylvania, you are likely not going to encounter a “For Sale” sign offering a cavern in the ground. But the voids, pore spaces, and cavities in the subsurface can be quite valuable now and in the...more
8/13/2025
/ Appellate Courts ,
Carbon Capture and Sequestration ,
Contract Interpretation ,
Deeds ,
Energy Sector ,
Energy Storage ,
Mineral Extraction ,
Mineral Leases ,
Mineral Rights ,
Oil & Gas ,
Pennsylvania ,
Property Owners ,
Subsurface Conditions ,
Surface Owner ,
Texas ,
TX Supreme Court
Does the Texas Supreme Court’s Decision in Cactus Water Services v. COG Operating Provide Guidance About Lithium and Rare Earth Minerals Ownership in Pennsylvania?
Lithium demand is expected to continue to increase as...more
8/1/2025
/ Contract Disputes ,
Contract Interpretation ,
Energy Sector ,
Fracking ,
Land Owners ,
Lithium Batteries ,
Mineral Extraction ,
Mineral Leases ,
Mineral Rights ,
Natural Gas ,
Oil & Gas ,
Pennsylvania ,
Property Owners ,
Rare Earth Metals ,
Texas ,
TX Supreme Court ,
Wastewater ,
Water ,
Water Rights
In a June 13, 2025 decision, the Pennsylvania Commonwealth Court held that a municipality impermissibly granted conditional use approval to an oil and gas well pad and interconnect facility on tax lots that were already...more
6/25/2025
/ Appeals ,
Conditional Use Permit ,
Environmental Litigation ,
Interconnections ,
Judicial Authority ,
Local Ordinance ,
Municipalities ,
Natural Gas ,
Oil & Gas ,
Oil Wells ,
PA Supreme Court ,
Pennsylvania ,
Permits ,
Property Owners ,
Regulatory Requirements ,
Rural Development ,
Zoning Laws
Pennsylvania Senate Bill 102 Moves Forward-
On May 12, 2025, Pennsylvania Senate Bill 102 was referred to the Pennsylvania Senate Appropriations Committee. The draft legislation had originally been referred to the...more
5/28/2025
/ Energy Policy ,
Impact Fees ,
Municipalities ,
Natural Gas ,
Oil & Gas ,
Pennsylvania ,
Proposed Legislation ,
Public Utility ,
Regulatory Reform ,
Regulatory Requirements ,
State and Local Government ,
Zoning Laws
On May 6, 2025, the Pennsylvania Senate passed Senate Bill 349 by a vote of 49-1. A week later, on May 13, 2025, the legislation was referred to the state House Environmental and Natural Resource Protection Committee to begin...more
What Happens When a Parcel is Split Zoned?-
Municipal zoning maps frequently include the entirety of a lot or a tax parcel within a given zoning district. But, sometimes zoning maps do not do this. Sometimes, zoning maps...more
In a February 7, 2025 decision in Simon v. Sunoco Pipeline LP, No. 2015-3302 (Wash. Cty. February 7, 2025), the Court of Common Pleas of Washington County, Pennsylvania concluded that Sunoco Pipeline LP and Sunoco Logistics...more
2/24/2025
/ Eminent Domain ,
Energy Projects ,
Energy Sector ,
FERC ,
Infrastructure ,
Jurisdiction ,
Litigation Strategies ,
Natural Gas ,
Oil & Gas ,
Pennsylvania ,
Pipelines ,
Property Owners ,
Public Utility ,
State and Local Government
Pennsylvania Senate Bill 1346 which was introduced at the end of the 2023-2024 legislative session. Its aim was to restrict the distribution of unconventional gas well fees to municipalities whose zoning ordinances...more
2/12/2025
/ Energy Policy ,
Energy Sector ,
Municipalities ,
Natural Gas ,
New Legislation ,
Oil & Gas ,
Pennsylvania ,
Proposed Legislation ,
Public Utilities Commission ,
Regulatory Agenda ,
Regulatory Reform ,
State and Local Government ,
Zoning Laws
On November 7, 2024, several Pennsylvania state senators from oil and gas producing regions introduced Senate Bill 1346 of 2024, which proposes to change the way that revenues from Pennsylvania’s unconventional well fee are...more
12/12/2024
/ Distribution Rules ,
Environmental Policies ,
Fees ,
Homestead Exemption ,
Local Ordinance ,
Municipalities ,
Oil & Gas ,
Oil Wells ,
Pennsylvania ,
Revenue ,
Surface Water ,
Well Drilling ,
Zoning Laws
Burdens of Proof in Special Exceptions and Conditional Uses After Cogan Properties LLC v. East Union Township Zoning Hearing Board, et al.- Shifting burdens of proof are hallmarks of special exceptions and conditional uses in...more
On September 6, 2024, the United States District Court for the Middle District of Pennsylvania denied dueling summary judgment motions concerning the interpretation of a royalty provision in Chambers v. Equinor USA Onshore...more
If you have bought or sold property in Pennsylvania, you have likely encountered the Oil, Gas and/or Mineral Rights/Interests Disclosure© form prepared by the Pennsylvania Association of Realtors as part of the sales...more
Starting on Monday, October 21, 2024, the Butler County, Pennsylvania Court of Common Pleas will require an Affidavit about the use of Generative AI to be attached to court filings. This marks a new development in courts’...more
Leases for solar energy facilities offer property owners the potential for a predictable, long-term revenue stream. But, because of the potential decades-long duration of a lease for solar energy facilities, things like...more
On July 17th 2024, the Solar for Schools Act, known as Act 68 of 2024, became effective in Pennsylvania. The Solar for Schools Act creates a framework for the Pennsylvania Department of Community and Economic Development to...more
In a July 17, 2024 Opinion, the Pennsylvania Supreme Court decided in AUUE, Inc. v. Borough of Jefferson Hills Zoning Hearing Board, No. 28 WAP 2022, ___ A.3d ___ (Pa. 2024), that the Pennsylvania Municipalities Planning Code...more
The widespread and debilitating impacts of the recent faulty Crowdstrike® software update has caused businesses to evaluate processes and examine potential claims and defenses related to the deleterious commercial impacts of...more
8/23/2024
/ Blockchain ,
Coinbase ,
Contract Claims ,
Cryptocurrency ,
Cybersecurity ,
Digital Currency ,
Emerging Technologies ,
Hackers ,
Limitation of Liability Clause ,
Popular ,
Ransomware ,
RICO ,
Risk Allocation ,
Terms of Use
In its May 22, 2024 non-precedential memorandum decision in Frye v. Penn View Exploration, Inc., 919 WDA 2023 (Pa. Super. Ct. May 22, 2024), the Pennsylvania Superior Court found that an oil and gas lease’s shut-in royalty...more
In Plum Borough v. Zoning Hearing Board of the Borough of Plum,____ A.3d ____ , No. 1198 CD 2022 (Pa. Commw. Ct. Jan. 29, 2024), the Pennsylvania Commonwealth Court vacated the grant of a special exception to Penneco...more
Questions about the zoning of oil and gas development operations have persisted in Pennsylvania for years. Now, cryptocurrency and data mining operations may create new wrinkles in long-running disputes about oil and gas...more
Although historically viewed as a waste, produced water that comes to the surface as part of the oil and gas production stream now potentially has value. Produced water can be recycled and reused as part of hydraulic...more
A company in New York is attempting to secure leases to allow it to produce oil and gas and to use the leased land for a carbon dioxide injection program for long-term storage. Does this herald a new type of development that...more
In Cromwell v. Anadarko E&P Onshore, LLC, 676 S.W. 3d 860 (Tex. App. 2023), the Texas Court of Appeals confirmed the automatic termination of an oil and gas lease, and simultaneously rejected the argument that a forfeiture...more
In an October 10, 2023, the United States District Court for the Middle District of Pennsylvania dismissed a gas driller’s declaratory judgment lawsuit involving an oil and gas lease in the SWN Production Company, LLC v. Blue...more
The potential for repurposing old oil and gas wells for renewable energy raises a number of complex legal issues in Pennsylvania. In recent years, the federal government has been exploring renewable energy generation by using...more