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Acreage dedications are a fundamental component of midstream oil and gas agreements, playing a crucial role in facilitating the transportation of hydrocarbons from production sites to market. These dedications involve the...more
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
An oil and gas lease with a “free gas” clause may be a valuable tool for landowners to push back against drillers’ inaccurate attempts to value gas at the “wellhead”. Prior to the advent of Marcellus Shale drilling, "free...more
Deducting fuel costs from landowner royalties continues to be an ongoing and widespread practice. Not only are landowners denied a royalty on the fuel gas volume, but they are also having that same “cost” deducted from their...more
Many Pennsylvania oil and gas leases have what is commonly known as a “market enhancement” royalty clause. These clauses typically prohibit the deduction of any post-production costs that are incurred transforming the raw gas...more
Most bills filed in each legislative session fail. For the most part we are thankful for that. But today we summarize a few that survived while you weren’t paying attention. ...more
Trump Admin Submits Final Rule to Kill Obama Clean Power Plan - "The new replacement rule to the Clean Power Plan, deemed the Affordable Clean Energy rule, aims to give states more time and authority to decide how to...more
Judge Delivers Major Setback to Trump Policy to Increase Coal Mining on Federal Land - "But the court ruling does say that the 2017 Trump administration policy, enacted by former Interior Secretary Ryan Zinke, to overturn...more
2018 began with the United States producing immense amounts of oil and natural gas; pipeline companies struggling to build out the national pipeline system but not being transparent about how they are doing it; Europe, led by...more
Energy Companies to Appeal Loss of Forest Service Permit for Atlantic Coast Pipeline - "The builders of the $7 billion Atlantic Coast Pipeline say they will appeal a federal court ruling that invalidated a permit allowing...more
Gas Drilling Not Damaging Forests' Waterways, State Finds - "Pennsylvania's state forests agency says it isn't finding damage to waterways amid the expansion of natural gas drilling in recent years, although it is reporting...more
State Files Motion to Dismiss Federal Lawsuit by EQT - "Lawyers representing the Secretary of the state Department of Environmental Protection have filed a motion to dismiss a lawsuit by the natural gas company EQT over a...more
• The Federal Energy Regulatory Commission has unanimously voted to open a new Notice of Inquiry seeking input on whether – and, if so, how – it should update its existing policies and procedures for reviewing and issuing...more
The fight over the historical concept of the “Rule of Capture” as applied to gas rights in Pennsylvania continued recently as the appellees in the matter of Briggs v Southwestern Energy Prod. Co. recently requested a...more
Ohio Supreme Court Joins Texas and Oklahoma in Holding the State Does Not Recognize a Separate Implied Covenant to Explore Further - "We conclude that Ohio does not recognize an 'implied covenant to explore further'...more
China Energy Investment Signs MOU for $83.7 Billion in West Virginia Projects "China Energy Investment Corp, the world's largest power company by asset value, has signed a memorandum of understanding (MOU) to invest $83.7...more
In a closely watched and long-awaited case with potentially sweeping industry-wide consequences, the Supreme Court of Ohio refused to adopt a default rule regarding deduction of postproduction costs from landowner royalties...more
Fracking Insider Readers: We are pleased to bring you Volume 43 of our State Regulatory Roundup, including updates in California, New York, and Ohio. As we explained in earlier volumes, we designed the Roundup to provide...more