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The Marcellus Shale Play Special Report
October 3, 2012
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 Legal Intelligencer
October 14, 2011
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
The Legal Intelligencer
October 4, 2011
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.
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Township Solicitor Asks Court to Take Local Drilling Ban Off Ballot
The Legal Intelligencer
September 27, 2011
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.
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State in Competition With Neighbors for Petrochemical Plant
The Legal Intelligencer
September 20, 2011
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.
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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.
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Accord in Marcellus Shale Case Highlights Contract Signature Requirements
The Legal Intelligencer
September 6, 2011
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.
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Shale to Benefit White-Collar Workers Too, Official Says
The Legal Intelligencer
September 6, 2011
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.
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Marcellus Shale Commission Provides Roadmap for Reform in Pa.
The Legal Intelligencer
August 12, 2011
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 Legal Intelligencer
August 9, 2011
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.
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Impact Fees, Land Pooling Included in Corbett Commission Shale Report
The Legal Intelligencer
August 2, 2011
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 Legal Intelligencer
July 27, 2011
Environmental lawyers across Pennsylvania commended the 137-page report issued Friday by Gov. Tom Corbett's Marcellus Shale Advisory Commission but said the document is merely a jumping off point for what is likely to become a very complicated set of statewide environmental issues. Full Text
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
The Legal Intelligencer
July 26, 2011
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
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