News & Analysis as of

Property Owners Energy Sector Oil & Gas

BakerHostetler

Pore Space Update: Texas Joins the Majority American Rule, but Accommodation Issues Remain at Play

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Texas is the latest in a growing number of states to tackle the issues related to ownership and severability of the pore space underneath land as carbon capture and sequestration (CCS) remains a relevant tool in CO2...more

Houston Harbaugh, P.C.

Creating a Chasm or Filling a Void?

Houston Harbaugh, P.C. on

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

Houston Harbaugh, P.C.

Colored Horses, Toxic Brews and Lithium Too?

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

(ACOEL) | American College of Environmental...

Protecting the Lesser Prairie-Chicken on Private Land in a Shifting Regulatory Environment

As they do every year, male lesser prairie-chickens gathered this Spring on the 48,000-acre Gardiner Angus Ranch in Ashland, Kansas for their ritual mating dance to attract females. The Gardiner Ranch has some of the best...more

Houston Harbaugh, P.C.

Pennsylvania Court Concludes that Certain Sunoco Entities Did Not Have Eminent Domain Authority in Washington County for Mariner...

Houston Harbaugh, P.C. on

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

Houston Harbaugh, P.C.

Landowners Should Ensure that Solar Farm Payments Retain Their Value Over Time

Houston Harbaugh, P.C. on

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

Oliva Gibbs

Pipelines and Property Rights: ETC Tiger Pipeline, LLC v. DT Mainstream, Inc. and DTM Louisiana Gathering, LLC

Oliva Gibbs on

The Louisiana Second Circuit Court of Appeal’s recent decision in ETC Tiger Pipeline, LLC v. DT Midstream, Inc. highlights the limitations of exclusive personal servitude owners’ rights relative to preservation and protection...more

Houston Harbaugh, P.C.

Can Owners of Severed Oil and Gas Estates in Pennsylvania Lease Gas Storage Rights?

A dual purpose oil and gas lease transitions into its secondary term, and remains in its secondary term, if oil and gas is produced from the leasehold or if the leasehold is used for oil and gas storage. See, Smith v....more

Steptoe & Johnson PLLC

Ohio Supreme Court Provides Some Clarity on the Specificity Required to Reserve Interests Under the Marketable Title Act

Steptoe & Johnson PLLC on

On March 16, 2021, the Supreme Court of Ohio issued its opinion in Erickson et al. v. Morrison et al., Slip Opinion No. 2021-Ohio-746, clarifying the decision in Blackstone v. Moore, 2018-Ohio-4959, and holding that a...more

Holland & Knight LLP

FERC To Natural Gas Pipeline Industry: What about Environmental Justice?

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The Federal Energy Regulatory Commission (FERC) recently invited public comment on environmental justice matters it may consider in future natural gas pipeline certificate proceedings, reopening a three-year-old notice and...more

Womble Bond Dickinson

Whose Milkshake is Whose?: Pennsylvania Supreme Court Considers Whether the Rule of Capture Applies to Hydraulic Fracturing

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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

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - May 2019

Property Owners Along Atlantic Sunrise Pipeline in Lancaster County Get Another Round of Letters "The letters issued notice of intent to file liens if MacAllister didn't receive timely payment of about $1.02 million it...more

Clark Hill PLC

Proposition 112 and Amendment 74 – Big Implications for Colorado

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Two upcoming Colorado ballot initiatives could have enormous implications for the state’s natural resources. Proposition 112 - What It Does: Proposition 112, known during the petition process as Initiative 97, proposes...more

Snell & Wilmer

Battle of the Ballot Initiatives

Snell & Wilmer on

On August 28, 2018, the Colorado Secretary of State certified the signatures collected for Initiative 108. The following day, the Colorado Secretary of State certified the signatures collected for Initiative 97. The...more

Robinson+Cole RLUIPA Defense

Nuns Lose Interstate Natural Gas Pipeline Challenge

The United States Court of Appeals for the Third Circuit has ruled against a Roman Catholic group challenging the use of their land in connection with an interstate natural gas pipeline. The Adorers of the Blood of Christ...more

Snell & Wilmer

In Colorado, Ballot Initiatives Are Back in Full Force

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As primary season for midterm elections gets underway, so too does canvasser season. In Colorado alone, canvassers are out in full force and looking to get enough voter signatures for a number of different initiative statutes...more

Gray Reed

What Price For a Louisiana Servitude?

Gray Reed on

According to Enterprise Te Products Pipeline Company v. Avila, it is the value of the expropriated property, even if it is as little as 33 cents each to the landowners. This seemingly small case must have had big potential...more

Gray Reed

Option Contract Ruling Reversed by Texas Supreme Court.

Gray Reed on

North Shore Energy v. Harkins interpreted an Option Agreement between landowners and a producer over a 400 acre tract. In football they would say the Texas Supreme Court pancaked the plaintiff. In the law, some would call it...more

Stinson LLP

U.S. Supreme Court to Decide "Critical Question" in Eminent Domain

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This summer, the U.S. Supreme Court will decide a critical question that will determine whether some landowners will receive compensation from regulations that restrict the uses of their land. The case, Murr v. Wisconsin, may...more

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