News & Analysis as of

Property Owners Natural Gas

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

Moritt Hock & Hamroff LLP

MHH Condo/Co-op Digest, (July 2025)

This newsletter explores the emerging legal topics and issues affecting the condominium and cooperative services industry. Thought-leading attorneys from Moritt Hock & Hamroff’s Condominium and Cooperative Services Practice...more

Houston Harbaugh, P.C.

You Can’t Have Two Main Characters

Houston Harbaugh, P.C. on

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

Vinson & Elkins LLP

Texas Supreme Court Clarifies Ownership of Salt Caverns

Vinson & Elkins LLP on

On May 16, 2025, the Texas Supreme Court issued a decision ruling that, absent specific contractual language, surface owners retain ownership of the caverns created by salt mining operations. The issue of ownership of salt...more

Houston Harbaugh, P.C.

Sixth Circuit Rules That Driller Must Establish Marketability of Each Gas Product Under Market Enhancement Clause

Houston Harbaugh, P.C. on

Let’s assume you own 105 acres in Greene County, Pennsylvania. In 2020, you signed an oil and gas lease with ABC Exploration. During the negotiations, you agreed that only those post-production costs which actually...more

Vorys, Sater, Seymour and Pease LLP

U.S. District Court Finds No Evidence of Continuing Trespass and Holds Permanent Trespass Claim is Barred by Statute of...

In Briggs v. Southwestern Energy Production Co. (Briggs II), the Middle District of Pennsylvania directed summary judgment to Southwestern Energy (SWN) and dismissed the plaintiffs' claims of trespass and conversion. The...more

Snell & Wilmer

Eminent Domain Update: Fourth Circuit Upholds Landowner’s Right To Testify on Property Value and Splits With First Circuit on...

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The U.S. Court of Appeals for the Fourth Circuit recently announced two important rules in two eminent domain opinions. Both cases involved pipeline access easements that the condemnor properly took under the Natural Gas Act....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.

Pennsylvania Superior Court Reaffirms the Dunham Rule

Houston Harbaugh, P.C. on

Let’s assume you inherited a 150 acre farm in Lycoming County that has been owned by your family since 1909. In 2020, you are approached by ABC Drilling about a new oil and gas lease for the farm. You retain counsel and...more

Cozen O'Connor

PA PUC Votes 3-2 to Regulate Landlords as Gas Pipeline Operators

Cozen O'Connor on

In a January 8, 2025, vote along party lines, the three Democratic Commissioners of the Pennsylvania Public Utility Commission (PA PUC or Commission), led by Chairman Stephen DeFrank, reversed nearly a decade of PA PUC...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

Allen Matkins

Sustainable Development and Land Use Update 6.20.24

Allen Matkins on

AB 1893 (Wicks) is currently making its way through the state legislature and would modify the Builder’s Remedy under the Housing Accountability Act. This legal alert summarizes the significant amendments made to AB 1893 in...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

(ACOEL) | American College of Environmental...

In re PennEast Pipeline Company: A New Twist in the Pipeline or Established Constitutional Law?

Adding another chapter to the legal controversies that continue to rage over the siting of new gas pipelines, on September 10, 2019 the Third Circuit upheld the State of New Jersey’s sovereign immunity objection to the...more

Womble Bond Dickinson

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

Womble Bond Dickinson on

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 - June 2019

Supreme Court Sides with Property Owners; Companies have No Right to Get Natural Gas Without Permission - "The Supreme Court said, 'A mineral owner or lessee has an implicit right to use the overlying surface to access...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

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

Nossaman LLP

Valuing Underground Natural Gas Storage in Eminent Domain Proceedings

Nossaman LLP on

In California eminent domain proceedings, a property owner is entitled to the “fair market value” of the property being acquired. Typically, fair market value is determined by analyzing comparable sales or by utilizing an...more

BakerHostetler

Sixth Circuit Reverses Dismissal, Under First-to-File Rule, of Action Brought by Putative Class Members of Earlier-Filed Class...

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Last week, in Baatz v. Columbia Gas Transmission LLC, No. 15-3208, 2016 WL 731900 (6th Cir. 2016), a panel of the Sixth Circuit Court of Appeals reversed the dismissal of a lawsuit brought by a group of landowners in Medina,...more

Womble Bond Dickinson

Dominion Resources Sending "Final" Requests for Permission to Survey Land for 550-Mile Pipeline

Womble Bond Dickinson on

We've blogged in the past about the efforts of Dominion Resources, Inc. to construct a natural gas pipeline from West Virginia, through Virginia, leading to southern North Carolina. We've also blogged about the anticipated...more

BakerHostetler

New Exploration Technologies Give Rise to Unclaimed Property Compliance Issues

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The recent expansion of oil and natural gas exploration and production activities in previously unprofitable areas has brought increased attention to issues surrounding compliance with state unclaimed property laws. Producers...more

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