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Federal Court Upholds Pennsylvania Act 85, Says Cross-Unit Well Didn’t Breach Lease Agreement 

The Pennsylvania Act 85 of 2019 amended the Pennsylvania Oil and Gas Lease Act to add a section permitting cross-unit drilling. On Jan. 24, 2023, the U.S. District Court for the Middle District of Pennsylvania upheld Act 85...more

2/22/2024  /  Energy Sector , Leases , Natural Gas , Oil & Gas

Texas Appellate Court: Water Created During Fracking Is Oil and Gas Waste, Not Water

In July 2023, the El Paso Court of Appeals held that produced water created in the fracking process is considered an oil and gas waste rather than water — meaning it belonged to the mineral lessee, not the surface owners. See...more

Federal Court Denies Attempt to Enjoin Appeal Before Pennsylvania Environmental Hearing Board

On June 5, 2023, the U.S. District Court for the Middle District of Pennsylvania denied Transcontinental Gas Pipeline Co. LLC’s (Transco) attempt to enjoin an administrative appeal proceeding before the Pennsylvania...more

Ownership of Pore Space and Its Relation to Surface Estate

Land rights and interests continue to be a prominent fixture in the legal landscape. Among other things, the ownership of highly sought-after pore space has been at the center of multiple property rights cases and legislation...more

Compliance Deadlines Approaching: Pipeline Safety Mega Rule

Regulators are looking at a ticking time clock for covered entities in the gas transmission industry to ensure their compliance with the Pipeline and Hazardous Materials Safety Administration’s “Mega Rule” — a rulemaking...more

2/22/2024  /  Energy Sector , Oil & Gas , PHMSA , Pipelines

TSA Strengthens Cybersecurity Monitoring for “Critical” Pipelines and LNG Facilities

Regulatory interest in securing the nation’s energy infrastructure continued in 2023. On July 26, 2023, the Transportation Security Administration (TSA) announced significant updates to its security directive aimed at...more

U.S. Transportation Department Grants States $64.4 Million to Bolster Pipeline Safety

On Aug. 2, 2023, the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) announced the grant of $64.4 million to states to improve the safety of pipelines and underground natural...more

Sixth Circuit Addresses Pre-Certification and Post-Certification Engagement of Potential Class Members in Class Actions

Appellee Thomas Fox and others failed to pay their delinquent property taxes in certain Michigan counties and had their property foreclosed on and sold. However, the counties kept all of the sale proceeds and not just the...more

Eleventh Circuit Denies Petition to Appeal a Sua Sponte Remand of a “Class Action”

In Ruhlen v. Holiday Haven Homeowners, Inc., 11th Cir. No. 21-90022, 2022 WL 701622 (11th Cir. Mar. 9, 2022), the Eleventh Circuit denied a petition for permission to appeal a district court’s sua sponte remand of a case to...more

3/23/2022  /  Appeals , CAFA , Class Action , Remand , Sua Sponte

DOJ Announces Plan for Coordinated Civil Rights Response to COVID-19

On April 2, 2021, Pamela S. Karlan, the Principal Deputy Assistant Attorney General for Civil Rights at the U.S. Department of Justice Civil Rights Division (DOJ), issued a public statement regarding the Division’s intent to...more

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