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The Marcellus Shale Play Special ReportIs the next wave of the natural gas boom happening right here at home? Click here for a collection of TLI stories about this lucrative site.2012-10-03 12:00:00 AM Factoring Shale Royalties Into Estate Planning While the Marcellus and Utica shales present a boon to the Pennsylvania economy, the negotiation of a lease should not be the only legal consideration for a landowner. There are a multitude of estate and income-tax issues to consider both before and after signing a lease and before drilling commences. Full Text Gas Lawyers Say Price Will Dictate the Practice in 2013 Energy lawyers in Pennsylvania said the price of natural gas will be one of the main drivers determining which areas of oil and gas law are busy in 2013. Full Text Spector Gadon Starts Energy and Environmental Practice Philadelphia-based Spector Gadon & Rosen has started an energy and environmental practice group with the addition of environmental lawyer Kermit L. Rader, who will chair the group. Full Text Litigation Over Groundwater Impacts of Natural Gas Wells Last month, U.S. Magistrate Judge Martin C. Carlson in Harrisburg denied a request for a Lone Pine order in a natural gas migration case, Roth v. Cabot Oil & Gas, Civil Action No. 3:12-cv-898 (M.D. Pa. Oct. 15, 2012). That decision offers an opportunity to consider some issues arising from claims that shale gas development (fracking) in Pennsylvania has caused personal injury or property damage as the result of contamination of neighbors' water wells or other migration of natural gas to neighbors' property. Full Text Wins and Losses for Gas Company in Marcellus Shale Pa. Justices Hear Arguments Over Shale Drilling Law Caldwell v. Kriebel Resources Co., LLC PUC Says Pittsburgh Drilling Ban Violates State Law Corbett Administration Challenges Court Decision to Set Aside Part of Act 13 Driller Accused of Overbilling Joint Marcellus Shale Accounts Natural Gas and Zoning: The Commonwealth Court's Act 13 Decision Taking a Closer Look at the Politics Surrounding the Marcellus Shale Lawyers Say Report Affirms Their Investments in Marcellus Shale Play Zoning, Pre-emption and the Constitution Gas Lease Precedent in Doubt, Federal Judge Says Court Says DEP May Not Deny Records Requests as Burdensome Marcellus Drillers Hope for Swift Action on Act 13 Appeal Interpreting Oil and Gas Leases in Pa.'s Shale Gas Era Comm. Court Deals Gas Industry A Loss, Strikes Act 13 Provisions Shift Toward 'Wet' Gas Doesn't Mean Bust for NEPA, Lawyers Say Ky. Firm Opens Western Pa. Office With Oil and Gas Focus Landowner Rights Backers Push to Advance Bill Business Groups Lobby for Tax Credit for Petrochemical Plant Pipeline Ruling Gives Attorneys Guidance on FERC Reviews Babst Calland Opens Ohio Office in Response to Drilling Industry Shift Attorneys Say Drillers Moving Out of Northeastern Pa. Lawyers Spar Over Constitutionality of Act 13 Provisions Act 13 Arguments Set for Wednesday 'Mineral' Definition Case Could Have Big Impact on Shale Pre-emption and Natural Gas Development: Who Is the Decider? W. Va. Firm Merges With Western Pa. Energy Boutique Anti-Fracking Group Adds Claims to Surveillance Suit Judge Bars Drillers, Lawmakers From Intervening in Act 13 Suit Penn Virginia to Acquire Pipeline Company in $1 Billion Deal
Small Firms Say Expertise Trumps Size in Marcellus Shale The seemingly overnight explosion of the Marcellus Shale play has attracted law firms of all sizes and practices from both inside and outside Pennsylvania. But while some believe the amount of work coming from major drillers will require the huge staff only a megafirm can provide to manage it, smaller firms are banking on the depth of their expertise to help them remain competitive. Full Text
Changes to Oil and Gas Act Could Raise New Legal Issues The Legal Intelligencer February 15, 2012 Gov. Tom Corbett has signed into law a measure that makes what some lawyers have called "wholesale" changes to Pennsylvania's Oil and Gas Act, including imposing "impact fees" on Marcellus Shale wells and limiting local governments' ability to regulate drilling. Full Text Western Pa. Could Become Global Energy Power, Lawyers Say Scientists Investigating Fracking Wastewater Disposal's Link to Earthquakes The Legal Intelligencer January 31, 2012 Scientists are assessing whether injecting wastewater from fracking can cause earthquakes, and if it can, whether the quakes are severe enough to cause surface damage. Full Text Timing of Final Vote on Impact Fee Legislation Uncertain Legislative sources said that lawmakers negotiating legislation that will impose an impact fee on natural gas wells in the Marcellus Shale have numerous issues to resolve, leaving the timing for a final vote still up in the air. Full Text Krancer Letter Suggests DEP, EPA Relations Still Contentious In light of a recent letter from the head of the state Department of Environmental Protection to a U.S. Environmental Protection Agency official that called federal regulators' understanding of a local well water contamination issue "rudimentary," it appears relations between state and federal regulators regarding the Marcellus Shale continue to be strained. Full Text Drillers Group Asks Court to Hold U.S. Forest Service in Contempt The Legal Intelligencer January 12, 2012 A group of Pennsylvania drillers has asked a federal judge to hold the U.S. Forest Service in contempt for refusing to comply with the court's 2009 injunction that lifted the federal agency's de facto ban on drilling in the 512,000-acre Allegheny National Forest. Full Text Best Practices for Managing Risk in the Marcellus Shale Region Companies that either lease land for hydraulic fracturing ("fracking") or provide goods, services or workers to gas companies in the Marcellus Shale region should routinely re-evaluate their risk management strategies. Full Text Shale Impact Fee Legislation Now in Conference Committee The state House of Representatives has refused to concur in Senate amendments to legislation that would impose an impact fee on natural gas drillers in the Marcellus Shale. The bill now moves to a conference committee of House and Senate leaders aimed at reaching a compromise on the language in the new year. The resulting bill will go back to each chamber for an up-or-down vote — under the rules of the General Assembly, no amendments would be permitted. Full Text Questions Remain About Proposed EPA Air Rules for Natural Gas Wells On Nov. 30, the public comment period closed on proposed revisions to the air emission standards prescribed by the federal New Source Performance Standard (NSPS) and the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Oil and Natural Gas source category. Full Text Marcellus Shale Attracts Another Houston Firm to Western Pa. The longest Marcellus Shale pipeline may be the one that extends from the heart of Texas to Western Pennsylvania. Full Text Many Pa. Firms Ready to Take Advantage of 'Hot' Practice Areas Law firms with a focus on banking, health care, energy or intellectual property are in a good spot for the coming year, according to Robert Denney Associates' 23rd annual "What's Hot and What's Not in the Legal Profession" report. Full Text DEP Aims for More Consistency in Drilling Regulation Enforcement The Legal Intelligencer November 29, 2011 The Department of Environmental Protection is developing a regulatory system to ensure more statewide consistency in the enforcement of its natural gas and oil drilling regulations, according to a statement released by the department. Full Text Pa. Decision Could Upset 130 Years of Oil and Gas Conveyances Butler v. Charles Powers Estate, a recent decision of the Pennsylvania Superior Court, has thrown into turmoil oil and gas ownership in Pennsylvania. Interpreting nearly 130 years of Pennsylvania law, a three-judge panel of Pennsylvania's intermediate appellate court has questioned who owns the rights to millions. Full Text Township Council Beats Back Referendum to Ban Drilling A referendum banning drilling in a Western Pennsylvania township failed when it won less than 20 percent of the vote in Tuesday's election. The solicitor for Peters Township, William Johnson, said that he and council members were relieved. Full Text Marcellus Shale and the Ultrahazardous Activity Analysis The Legal Intelligencer October 14, 2011 Pennsylvania lies over the heart of the Marcellus Shale formation, a rock unit underlying approximately 65-million acres of land from West Virginia to New York. This formation has been estimated to have a resource value of up to 500-trillion cubic-feet equivalents of natural gas, and has spawned a boom of gas-well drilling in the southwest, northcentral and northeastern portions of the commonwealth. Between January and September, the Pennsylvania Department of Environmental Protection issued 2,514 Marcellus Shale drilling permits, and 1,388 wells were reported as having been drilled. Full Text Justices Asked to End Debate on 'Mineral' Definition The state Supreme Court has been asked to stop a scientific debate over whether the shale in the Marcellus Shale formation is a "mineral" before the debate even begins. Full Text Corbett Releases Details of His Marcellus Shale Package The Legal Intelligencer October 11, 2011 Gov. Tom Corbett unveiled his Marcellus Shale legislative package that includes some of the recommendations made earlier by his Marcellus Shale Advisory Commission, including a impact fee on each active well. The proposal also increases setback requirements for wells, and proposes other changes to strengthen laws protecting the environment. Full Text Marcellus Shale Litigation Diversifying but Not Booming According to attorneys across the state, the rise in Marcellus Shale-related litigation is lagging somewhat behind the pace of the natural gas industry's growth, but may speed up in the future. Full Text Superior Court Says Mineral Rights Could Apply to Shale The Legal Intelligencer September 27, 2011 The state Superior Court has allowed a dispute over land rights to move forward so experts can determine whether the shale in the Marcellus Shale formation is considered a "mineral" whose owners also own the natural gas contained within. Full Text Township Solicitor Asks Court to Take Local Drilling Ban Off Ballot Voters in Pennsylvania's Peters Township will never see a referendum banning oil and gas drilling if a Common Pleas Court judge sides with the township solicitor and blocks the question from appearing on the November ballot. Full Text Zoning Ordinances Top Concern for Energy Industry in Fall Session The Legal Intelligencer September 27, 2011 One of the top goals for drillers during the fall legislative session in Harrisburg is approval of a measure preventing local governments from using zoning ordinances to shut them out, according to an official with a prominent driller in the Marcellus Shale. Full Text 3rd Circuit OKs Drilling in Allegheny National Forest The Legal Intelligencer September 21, 2011 A federal appeals court has ruled that the U.S. Forest Service overstepped its authority when it imposed a ban on oil and gas drilling in the 512,000-acre Allegheny National Forest. Full Text State in Competition With Neighbors for Petrochemical Plant Pennsylvania is competing with Ohio and West Virginia for the location of a Shell petrochemical plant that, according to one report, will bring 10,000 construction jobs, hundreds of full-time plant jobs, and thousands of additional spin-off jobs to the winner. Full Text Marcellus Shale Attracts Laterals From Miles Around The Legal Intelligencer September 20, 2011 As the natural gas industry continues to expand its footprint in Western Pennsylvania, the region is quickly becoming a desired destination for energy and environmental attorneys. Full Text Accord in Marcellus Shale Case Highlights Contract Signature Requirements A group of 230 people who executed approximately 137 oil and gas leases with Rex Energy covering about 7,200 acres in Westmoreland County, Pa., sued the company when they did not receive the pre-paid rental bonus payments set forth in the leases. They argued the leases they signed with Rex were valid even though Rex never signed them. Rex argued the leases were unenforceable until approved and executed by the company Full Text. Case Digest: Butler v. Charles Powers Estate The Legal Intelligencer September 6, 2011 The court gave the parties the opportunity to obtain experts to determine if Marcellus Shale constituted such a mineral that the gas in it fell within the deed's reservation. Order sustaining preliminary objections in the nature of a demurrer was reversed. Full Text Shale to Benefit White-Collar Workers Too, Official Says Secretary of the Commonwealth Carol Aichele told certified public accountants in a continuing education class on the Marcellus Shale that the drilling for natural gas in the Shale is increasing opportunities for CPAs and other professionals. Full Text New Shale Report 'Not a Game-Changer,' Lawyers Say The Legal Intelligencer August 31, 2011 A new report by the U.S. Geological Survey regarding the amount of recoverable natural gas contained in the Marcellus Shale has garnered major press since the agency sent out its Aug. 23 press release detailing its findings, but Pennsylvania energy attorneys said the data is not necessarily as newsworthy as either pro- or anti-drilling factions have made it out to be. Full Text Marcellus Shale Commission Provides Roadmap for Reform in Pa. On July 22, the long-anticipated final report of the Pennsylvania Marcellus Shale Advisory Commission was released. This groundbreaking 137-page report contains a vast array of non-binding policy recommendations pertaining to Pennsylvania's natural gas boom ranging from zoning reform to mineral rights. Included among these are a series of recommendations that could substantially transform Pennsylvania's existing environmental policy landscape in the coming months. Full Text Does More Drilling Mean More Crime? The meteoric rise of natural gas drilling in Pennsylvania in recent years has boosted the economies of some of the state's smallest and most rural counties. Are Pa. Oil and Gas Wells Ripe Targets for Mechanics' Liens? The Legal Intelligencer August 9, 2011 As Marcellus Shale drilling continues to increase in the state, questions as to whether oil and gas wells, their fixtures, and the associated mineral and royalty rights may be properly subjected to liens will become more urgent. Full Text Impact Fees, Land Pooling Included in Corbett Commission Shale Report On July 22, the Marcellus Shale Advisory Commission made its recommendations official by making them public and sending them to Gov. Tom Corbett. As expected, the report calls for the imposition of local impact fees, as well as for pooling that will allow drillers to extract natural gas from land without lease agreements if it's contiguous to land that does have an agreement with a driller. Both recommendations require approval by the General Assembly. Full Text Energy Focus Sparks Changes at Top for K&L Gates' Pittsburgh Office The Legal Intelligencer August 2, 2011 K&L Gates' Pittsburgh office has a new administrative partner after its former head accepted a new role co-leading the firm's recently created energy, infrastructure and resources practice group. Full Text
Report on Marcellus Shale Just a Start, Lawyers Say The Frack Panel: Drilling Down on Representation and Timing Issues The Legal Intelligencer July 26, 2011 The U.S. Department of Energy (DOE) has long had a Secretary of Energy Advisory Board (SEAB) to advise it. In January 2011, following through on President Obama's "Blueprint for a Secure Energy Future" (a comprehensive plan to reduce America's oil dependence, save consumers money, and make our country the leader in clean energy), DOE Secretary Steven Chu created a three-member panel, the "Secretary of Energy Advisory Board Natural Gas Subcommittee," aka the frack panel. Full Text Impact Fees Among Dozens of Marcellus Shale Commissions Recommendations Adoption of impact fees, pooling of property, and 94 other recommendations regarding natural gas drilling in the Marcellus Shale were approved by Gov. Tom Corbett's Marcellus Shale Advisory Commission during its final public meeting July 15. Detailed recommendations were unavailable at press time. The report was due to be presented to Corbett on July 22. Full Text Accord in Marcellus Shale Case Highlights Contract Signature Requirements Legal tip: Signatures on contracts are not necessary. At least that was the argument made by a potential class of landowners who reached a settlement last week with an energy company that they alleged reneged on a deal to lease their properties for Marcellus Shale drilling. Full Text The 'Bundle of Sticks' in Oil and Gas Leases The Legal Intelligencer July 26, 2011 In 2002's United States v. Craft, the U.S. Supreme Court addressed the first principles of property law in a case dealing with — of all things — a tax lien: "A common idiom describes property as a 'bundle of sticks' — a collection of individual rights which, in certain combinations, constitute property." Full Text How Far Can Pa. Municipalities Go in Regulating Gas Drilling? With the recent surge of drilling into Pennsylvania's Marcellus Shale as a source of natural gas production, local governments are looking for guidance on the issue of what they can and cannot regulate with regard to oil and gas drilling. Full Text One Air Emission Source or Many? Two recent appeals to the Pennsylvania Environmental Hearing Board raise difficult issues concerning aggregation of air emission sources for purposes of regulating them under the federal Clean Air Act and the Pennsylvania Air Pollution Control Act. Of course, those appeals arise from natural gas development activity associated with the Marcellus Shale. Full Text Arbitration Proposed for Gas Well Disputes An arbitration panel established for a little-used natural gas extraction process would be expanded for all natural gas and oil well disputes in Pennsylvania under legislation recently introduced in the Pennsylvania Senate. The General Assembly established the three-member Coal Bed Methane Review Board in 2010 to resolve access roads, placement of pipelines and other disputes between surface land owners and those who own the mineral rights. Full Text Reed Smith, K&L Gates Handle Exxon Mobil's $1.7 Bil. Marcellus Buy The Marcellus Shale wasn't the only thing Pennsylvanian in Exxon Mobil 's nearly $1.7 billion acquisition of two of the state's natural gas exploration and distribution companies. Full Text Shale Drilling Is Creating Jobs, State Report Says Environmentalists and natural gas drillers will likely never agree on hydraulic fracturing or on whether taxes should be paid. But it's hard to debate the number of jobs the industry has created. Full Text VIDEO: Who Regulates the Marcellus Shale? Reporter Zack Needles examines the dichotomy between state and federal environmental oversight when it comes to regulating the Marcellus Shale. Full Text Court's Impact on Marcellus Shale Developing as Case Law Takes Shape When the state Supreme Court issued its decision last year on how to properly calculate royalties owed by gas companies to landowners, attorneys representing the industry couldn't oversell its importance. Full Text EPA, DEP Could Be Headed for Marcellus Shale Turf War The U.S. Environmental Protection Agency has once again taken steps to assert itself in the Marcellus Shale play that some environmental lawyers said could lead to a communication breakdown with the state Department of Environmental Protection. Full Text Out-of-State Law Firms Still Need Pa. Lawyers in Marcellus Shale Play The past few years have seen Texas and West Virginia firms attempting to establish themselves in Pennsylvania in hopes of competing for Marcellus Shale work. Full Text Few Pa. Law Firms Involved in Marcellus Shale Lobbying While many firms across the state do Marcellus Shale-related legal work and have lobbying arms, only a handful of them are lobbying on behalf of the natural gas industry. Full Text DEP Acts to Stem Flow of Wastewater From Shale to Treatment Plants The Pennsylvania Department of Environmental Protection is asking companies drilling in the Marcellus Shale to stop sending wastewater generated from the drilling to 15 treatment facilities, most of which are in western Pennsylvania. Full Text As Courts Brace for Shale's Impact, Attorneys See New Business Normally, life in the Recorder of Deeds office at the Butler County courthouse is pretty predictable. Full Text EPA May Be Looking Over DEP's Shoulder in Marcellus Shale Play As the natural gas industry in Pennsylvania continues its rapid swell on the strength of the Marcellus Shale, environmental attorneys said it's likely to be, and in some ways already is, a source of friction between state and federal regulators. Full Text On Marcellus Shale Policy, DEP's Krancer Should Have Known Better I never thought I'd see a governor as in love with an industry as former Gov. Edward G. Rendell was with gaming — until current Gov. Tom "I Don't Give a Frack" Corbett got sworn in and entered the political equivalent of a shotgun wedding with the natural gas industry. Full Text Plaintiffs Lawyers Eyeing Marcellus Shale The sound of drills piercing the Marcellus Shale formation has pricked up the ears of attorneys whose practices range from tax and regulatory to land use and environmental. But personal injury lawyers and class action attorneys have also taken notice of what some believe is an environmental disaster in waiting because of a lack of state government oversight and a natural gas industry rushing to get a piece of the shale. Full Text West Virginia Firm Acquires Western Pa. Energy Practice For many Pennsylvania firms, the Marcellus Shale is as much a resource for legal work as it is for natural gas, but they could soon find themselves facing increasing out-of-state competition. Full Text More Natural Gas Drillers Comply With Production Reporting The Department of Environmental Protection is backing off threats of penalties for natural gas drillers as their reporting on well production levels improves. Full Text. Commonwealth Court Upholds Zoning Regulations Affecting Gas Drilling The activity now focused on development of the Marcellus Shale formation may or may not rise to the level of a "gas rush," but if not, it's not far off. In many respects, the current interest in signing gas leases and permitting sites resembles the development of cell phone towers during the 1990s, when pressure was high among telecom companies to be the first to obtain rights to choice locations, and often in the face of local opposition. Full Text Pittsburgh Pirates: Firm Goes on Steel City Hiring Binge PHILADELPHIA - The Marcellus Shale has created a flurry of lateral movement across Pennsylvania recently and now Houston-based energy law firm Burleson Cooke has joined in, adding four attorneys to its year-old Pittsburgh office since Sept. 1. Full Text Natural Gas Company Discloses Chemicals Used in Drilling Process A natural gas driller with a significant presence in Pennsylvania, Range Resources Corp., submitted its first hydraulic fracturing disclosure forms to the Pennsylvania Department of Environmental Protection. Full Text No Clear Direction for Tiered Natural Gas Tax Proposal A coalition of natural gas drillers in Pennsylvania is proposing the General Assembly adopt a tiered severance tax rate, which would result in lower rates for newer and lower producing wells. The tiered system would help the drillers stay competitive with other states, industry officials say. Full Text More Natural Gas Drillers Comply With Production The Department of Environmental Protection is backing off threats of penalties for natural gas drillers as their reporting on well production levels improves. Full Text The Sweetest Sound? Marcellus Shale evokes hopes of jingling pockets, but also fears of eventual destitution Tony, in West Side Story, uttering the name Maria, styled it "the most beautiful sound I ever heard ... all the beautiful sounds of the world in a single word…" Full Text Tough Natural Gas Tax Negotiations Await Lawmakers and Gov. Edward G. Rendell set an October 1 deadline for approval of an extraction tax on natural gas drilling in the Marcellus Shale. To date, no specifics of the plan have been agreed to. Full Text Cohen & Grigsby Expands Land Use Capabilities As the Marcellus Shale proves to be as rich a source of legal work as it is of natural gas, Pittsburgh-based Cohen & Grigsby has bulked up its litigation, construction, environmental, real estate and appellate litigation groups with two attorneys who focus their practices primarily on land use, energy and governmental law. Full Text Drill, Baby, Drill?: Questions abound as Marcellus Shale regulations weighed, debated Development of the Marcellus Shale natural gas play has sparked a natural resource "boom" in western and northern Pennsylvania, along with neighboring states West Virginia, Ohio and Maryland. It could do the same in the southern tier of New York. Full Text Potential for 212,000 New Jobs From Shale Drilling, Study Says A new Penn State study says that natural gas drilling in the Marcellus Shale in Pennsylvania has the potential to create an additional 212,000 new jobs over the next 10 years. The study is an update to one first issued in July 2009. Full Text Lateral Market Gets Boost From Oil and Gas Industry Legal Work Not only has the Marcellus Shale drummed up significant legal work for litigators, land use and transactional attorneys alike, it has created movement in the lateral market as firms look to build practices catering to the oil and gas industry's interest in the natural gas reserves within the shale. Full Text Still in Infancy, Marcellus Shale Rush Brings Substantial Legal Work to Pa. Douglas Clark had been a criminal defense attorney in the Scranton area for a decade when the natural gas boom came calling in 2007. Full Text A Marcellus Shale Gold Rush? Terms Lawyers Should Know North and west of the Philadelphia region, about 40 Pennsylvania counties sit upon the "Marcellus Shale" — named after Marcellus, a New York town. By some estimates, the Marcellus Shale may produce more than 400 trillion cubic feet of natural gas, enough to supply U.S. natural gas needs for 20 years. Full Text High Court: Gas Royalty Payments Meet Minimum Level The state Supreme Court has rebuffed some Pennsylvania landowners by agreeing with oil and gas industry arguments that royalty payments for gas extracted from their land do meet the minimum levels established in a 1979 state law, the Minimum Royalty Act. Full Text Pa. Supreme Court OKs Royalty Terms in Marcellus Shale Land Leases The state Supreme Court has validated the royalty terms of leases between gas companies and landowner-lessors in the Marcellus Shale in a ruling that marks a win for natural gas drillers in Pennsylvania and could affect more than 70 suits pending in state and federal courts. Full Text Firms Grow Greener as Environmental Law Heats Up Environmental law, which saw the same slowdown in transactional work other practices did along with decreased enforcement under the Bush administration, is showing signs of life in both lateral movement and practice niches. Full Text
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