On May 26, 2017, in a suit styled Leggett v EQT Production Company, the West Virginia Supreme Court of Appeals issued majority and concurring (links to PDFs) opinions finding 4-1 that the use of the language “at the wellhead” in the Flat Rate Royalty(…)
On March 10, 2017, Senate Bill 576 (SB 576) was introduced in the West Virginia Senate to take the place of SB 244, which addressed the oil and natural gas industry’s effort to efficiently develop production of natural resources. Similar to SB 244, SB(…)
On February 10, 2017, Senate Bill 244 (SB 244) was introduced in the West Virginia Senate to address the oil and natural gas industry’s effort to efficiently develop production of natural resources. Sponsored by, among others, Senate President Mitch C(…)
In a recent op-ed published in the Post-Gazette, “Gas Pipelines Represent Prosperity” (Sept. 5 Perspectives), David Spigelmyer and James Kunz of the Marcellus Shale Coalition described the many benefits that Pennsylvanians could see from the expansion(…)
On July 19, in Herder Spring Hunting Club v. Keller (Case No. 5 MAP 2015), the Pennsylvania Supreme Court ruled in a 5-0 decision to confirm the practice of “title washing” of unseated or unimproved land in Pennsylvania. Prior to January 1, 1948, “tit(…)
After first acquiring an option agreement in 2012 for a 340-acre site, and then purchasing the site in 2014, Shell Chemical Appalachia has officially announced that it will build a multi-billion dollar ethane cracker plant on the site of the former Ho(…)
According to a report by the Charleston Gazette-Mail, TransCanada will be purchasing Columbia Pipeline Group for $13 billion. TransCanada had previously proposed the Keystone XL pipeline, and owns more than 42,000 miles of pipeline in North America. (…)
StateImpact Pennsylvania reports that Pennsylvania Governor Tom Wolf wants natural gas drillers to pay a 6.5% severance tax on natural gas production, which he estimates will bring in $217.8 million dollars for the 2016/2017 fiscal year, a fraction of(…)
As reported by The Scranton Times-Tribune, Pennsylvania State Representative Scott Petri (R-178th Leg. Dist., Bucks County) recently introduced legislation that would allow the Turnpike Commission to grant pipeline operators the right to use its exist(…)
As previously reported, in November 2014, the Lycoming County Court of Common Pleas granted the condemnation of a temporary construction easement to UGI Penn Natural Gas, Inc., a public utility. As a result, UGI was allowed to use the easement to par(…)
On October 14, 2015, the United States District Court for the Western District of Pennsylvania invalidated several provisions of a Grant Township, Indiana County, Pennsylvania local ordinance that was intended to prevent an oil and gas operator from o(…)
Earlier today, the Pennsylvania Commonwealth Court issued a unanimous decision in the much-anticipated case of Gorsline v. Board of Supervisors of Fairfield Township, reversing the decision of the Court of Common Pleas of Lycoming County. In reversing(…)
Horsehead Holding Corp. (Horsehead) announced Monday that it closed on the sale of its former zinc smelter to Shell Chemical (Shell), which is the proposed site for an ethane cracker plant in Beaver County. Although Shell has not made a final decision(…)
On May 27, 2015, Pennsylvania Governor Tom Wolf announced the formation of a task force to help the Commonwealth, the natural gas industry and communities partner for the development of new pipeline infrastructure to allow natural gas and related bypr(…)
The Center for Sustainable Shale Development (CSSD), a collaborative of environmental organizations and energy companies that encourages responsible practices in development of shale gas resources in the Appalachian region, and CONSOL Energy, Inc. eac(…)
FuelFix.com reports that the U.S. District Court for the Middle District of Pennsylvania recently ruled that the Constitution Pipeline can be built across seven northeastern Pennsylvania properties despite the fact that the respective landowners had n(…)
In a recent non-precedential opinion, the Third Circuit affirmed a decision of the Middle District of Pennsylvania dismissing an action on the basis that a doctor lacked standing to challenge what he refers to as the “Medical Gag Rules” of Act 13. In(…)
During his March 3, 2015 budget address, Pennsylvania Governor Tom Wolf again proposed higher energy taxes. In response, the Marcellus Shale Coalition issued a statement, reiterating the vast benefits that have been realized by the Commonwealth as a(…)
Yesterday, the Pennsylvania Supreme Court issued Harrison v. Cabot Oil & Gas Corp., a significant opinion in which the Court refused to apply equitable tolling principles that other oil and gas jurisdictions have adopted. Such principles prevent(…)
The West Virginia Division of Air Quality will release a new general air quality permit, the G80-A, which will regulate air quality in regard to natural gas production, compressor and dehydration facilities. On February 5, 2014, the DEP will host a m(…)
The Oil & Gas Financial Journal reported on January 14, 2015 that Jeffrey A. Fisher has been named CEO of newly created American Energy Appalachia Holdings, LLC (“AEA”). AEA was recently created through the combination of American Energy Partners(…)
As reported by The State Journal, Robert A. Fala has been appointed to serve as the director of the West Virginia Division of Natural Resources (“WVDNR”), effective January 1, 2015. Fala was appointed by WV Governor Earl Ray Tomblin and will replace(…)
StateImpact reported that the Federal Energy Regulatory Commission recently approved an addition to the interstate Transco pipeline that will transport Marcellus shale gas to New Jersey, where there is a high demand. The approval comes after several(…)
According to a report published by Pennsylvania Business Daily, Reading-based UGI Utilities, Inc. recently became Pennsylvania’s first natural gas utility to connect one of its pipelines to a Utica Shale well, thereby increasing the supply of natural(…)
On October 22, 2014, Pennsylvania Governor Tom Corbett signed House Bill 2278, The Unconventional Well Report Act, into law. The Act requires operators of unconventional wells to submit monthly production reports to the Department of Environmental Pro(…)
On October 22, 2014, Pennsylvania Governor Tom Corbett signed House Bill 402, also known as the Recording of Surrender Documents from Oil and Natural Gas Lease Act, into law. The Act imposes a duty on a lessee to deliver a surrender document to a les(…)
On September 26, 2014, the Commonwealth Court of Pennsylvania issued an opinion in favor of MarkWest Liberty Midstream & Resources, LLC. MarkWest had purchased a 71.5 acre parcel of undeveloped land in Cecil Township, Pennsylvania, and had applie(…)
A bill that would amend taxation on oil and gas drilling was referred to the Pennsylvania House Committee on Environmental Resources and Energy on Monday. House Bill 2508, which was introduced by Margo Davidson (Democrat, Delaware County) and others,(…)
PowerSource of the Pittsburgh Post-Gazette provided commentary discussing future economic opportunities regarding natural gas liquids (NGLs). Olefins plants or cracker facilities transform NGLs into products that are used in many industrial and consu(…)
As reported on Bloomberg.com, Spectra Energy Corporation, a Houston-based pipeline operator, and Northeast Utilities, a Connecticut-based utility provider, have partnered in proposing a $3 billion pipeline expansion that will increase natural gas supp(…)
The Pittsburgh Tribune Review reports that colleges located in Western Pennsylvania are creating programs to prepare students for jobs in the energy industry. For example, Kennedy Township’s Rosedale Technical Institute (soon to be re-named Rosedale(…)
The Pittsburgh Business Times reported that Shell has drilled two producing wells in the Utica Shale formation in Tioga County, Pennsylvania. Shell credited its success to “solid technical work in [its] onshore business.” The two wells are many mile(…)
On August 25th, Rep. White (D-Allegheny, Beaver and Washington) introduced House Bill 2403 (2014) in order to repeal Section 2318 of Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes. Section 2318 provides that upon the imposition of a(…)
Veteran attorneys Timothy Miller from Robinson & McElwee, and Christopher ‘Kip” Power, Mychal Schulz and Robert Stonestreet from the Charleston office of Dinsmore & Shohl have joined forces with Babst Calland in providing senior-level legal co(…)
Pittsburgh Tribune-Review reports that the Kiskiminetas Township supervisors unanimously enacted an ordinance that will allow for oil and natural gas exploration. The ordinance allows for “reasonable development of land for oil and gas drilling while(…)
As reported in the Pittsburgh Business Times, Pennsylvania’s reported natural gas production in the first six months of 2014 reached 1.9 trillion cubic feet. Production is up from 1.7 trillion cubic feet reported over the second half of 2013 and 1.4(…)
Natural Gas Intelligence reports that a new truck-to-rail transloading facility owned by Denver-based Concord Energy LLC, has opened in Parkersburg, West Virginia. The facility is capable of handling more than 150,000 bbl of crude oil condensate and n(…)
The State Journal reports that American Energy – Marcellus LLC, a subsidiary of Oklahoma City based American Energy Partners LP, has agreed to acquire 48,000 leasehold acres in Doddridge, Harrison, Marion, Tyler and Wetzel Counties in West Virginia fr(…)
As reported by Law360, Representative Rick Mirabito, D-Lycoming, recently introduced House Bill 2318, which, if passed into law, would require the Pennsylvania Department of Conservation and Natural Resources to provide notice and require public input(…)
“The 2014 Babst Calland Report – Appalachian Shale Industry in Transition: Evolving Challenges for Producers and Midstream Operators” comments on key issues facing producers and midstream operators from a legal and regulatory perspective, including: G(…)
Plans by Moundsville Power LLC to build a natural gas power plant were approved by members of the Marshall County Commission on April 22, 2014. The proposed 549 megawatt natural gas power plant is considered the first “downstream” project of its kind(…)
As reported by the Akron Beacon Journal Online on April 4, 2014, the Ohio Environmental Protection Agency issued revised general permits for the installation and operation of air contaminant sources at oil and gas horizontal well sites to address meth(…)
As Reported by MetroNews on March 26, the proposed Wood County, West Virginia, petrochemical “Cracker” plant project, called Project Ascent, took a significant step forward on Wednesday with an announcement from Antero Resources that it would contribu(…)
The Charleston Daily Mail reports that a 130-foot, 255 ton de-ethanizer tower was scheduled to arrive at the Williams Energy Oak Grove site in Marshall County on Monday or Tuesday. The tower is the second of three “Superload” installments being deliv(…)
As reported in the Pittsburgh Business Times, the proposed ethane cracker plant near Parkersburg, West Virginia, could potentially have a multi-billion dollar positive effect on the state’s economy. Emeritus Professor of Economics Tom S. Witt of West(…)
The Times Leader reports that natural gas produced within Pennsylvania from the Marcellus Shale exceeded 3 trillion cubic feet in 2013. This total exceeds the production total from 2012. According to the report, the U.S. Department of Energy estimat(…)
The U.S. Environmental Protection Agency (EPA) recently issued an Interim Chemical Accident Prevention Advisory concerning the design of liquefied petroleum gas (LPG) installations at natural gas processing plants. EPA has found that some existing pl(…)
Consol Energy has announced that it expects to spend $1.5 billion this year to further its natural gas exploration and production activities. The company also announced that it has selected the former vice president of the Appalachia South Business U(…)
On December 12, 2013, several Pennsylvania state representatives announced their plan to introduce a bill creating a severance tax on unconventional natural gas extraction. The proposed tax, which would replace Act 13’s existing impact fee, would be(…)
The Pittsburgh Business Times reported yesterday that Rice Energy Inc. is planning for an initial public offering sometime during the first quarter of 2014. Rice confirmed that it filed a Form S-1 with the Securities and Exchange Commission. Pipelin(…)
On a conference call following the announcement of CONSOL Energy Inc.’s $3.5 billion sale of its longwall coal mines in West Virginia to Murray Energy, CONSOL President Nick DeIuliis stated that the deal would allow CONSOL to go from a coal company wi(…)
Chem.info reports that GreenHunter Water has obtained all of the permits necessary to begin removing old structures at a former oil service site in Warwood, West Virginia. Development of the site for its frack water recycling plant could be finished(…)
Aubrey McClendon, former CEO of Chesapeake Energy, is planning to close on $1.8 billion in equity and debt financing to fund American Energy Utica, his new exploration and production company, as reported by CNBC. American Energy Utica will buy and de(…)
Steered by an executive of Philadelphia Energy Solutions, a group of business and political leaders is discussing the extent to which a natural gas pipeline can be constructed that would connect the natural gas fields of the Marcellus Shale to the Cit(…)
WFMJ reports that State Sen. Jim Ferlo (D-Allegheny) announced that he will introduce Senate Bill 1100 next week, which will place a moratorium on new permits for hydraulic fracturing. The bill, known as the Natural Gas Drilling Moratorium Act, will(…)
EQT Corporation and Green Field Energy Services announced on Monday that they had achieved a major milestone in the hydraulic fracturing field. Using pumps powered entirely by “field” gas, or gas supplied from a separate (and previously drilled) natu(…)
Platts.com reports that Dominion has begun talks regarding farming out 100,000 acres in West Virginia in the Marcellus Shale located near Dominion’s gas storage assets near the Ohio and Pennsylvania borders. Thomas Farrell, CEO of Dominion, indicated(…)
The Pittsburgh Business Times recently reported that Giant Eagle and Peoples Natural Gas have partnered to open a compressed natural gas filling station at the GetGo station in Cranberry Township on Route 228. According to the article, Giant Eagle ex(…)
Last week, global research firm IHS released a report regarding the economic impact of U.S. unconventional oil and gas production, Bloomberg reported. According to the IHS report entitled America’s New Energy Future: The Unconventional Oil and Gas R(…)
The Pittsburgh Post-Gazette reports that some southwestern Pennsylvania energy companies have begun to research the Upper Devonian formation and its interplay with other formations, including the Marcellus. The Upper Devonian formation is a group of(…)
According to the Charleston Gazette, the Lewis Wetzel Wildlife Management Area in Wetzel County is now contains several natural gas drilling operations by various companies operating in the State of West Virginia. The Lewis Wetzel Wildlife Management(…)
In a statement issued this morning, Kathryn Klaber announced that she will step down from her position as the CEO of the Marcellus Shale Coalition. Ms. Klaber has led the MSC since late 2009. She will play a key role in a nationwide search to select(…)
The Wall Street Journal reports that a group of Brazilian business and energy industry professionals known as the Brazil Industries Coalition is visiting Pennsylvania this week in an attempt to learn from the state’s experience and to evaulate the pos(…)
The Republic reports that a public meeting has been scheduled for July 18 at 6:00 p.m. at the Tyler County courthouse to discuss issues with land records searches in the county. Currently, only 16 people at one time are able to enter the records vaul(…)
On July 1, 2013 the New York State Department of Environmental Conservation (DEC) released its annual oil and natural gas production data for 2012. While oil production in New York increased by 1%, the 2012 reported total gas production of 26.424 bil(…)
The Corning Leader reports that, in response to Governor Corbett’s recent letter to the Delaware River Basin Commission, a 1,300 member landowner group has threatened to sue the DRBC. The Northern Wayne Property Owners Alliance sent a letter to the e(…)
The Scranton Times-Tribune reports that UGI Penn Natural Gas customers continue to pay one-third less to heat their homes than they paid five years ago. According to the Marcellus Shale Coalition, this is a nationwide trend. The lower rates are a di(…)
In response to President Obama’s “Climate Action Plan,” which was announced on Tuesday, Kathryn Klaber, CEO of the Marcellus Shale Coalation, stated: “We are pleased that President Obama once again underscored the clear environmental and economic bene(…)
Two bills aimed at expanding natural gas infrastructure to rural and under-served areas in the state were passed by the Pennsylvania Senate on Wednesday. The legislation originated after realizing that a large part of Pennsylvania is not served by na(…)
Natural gas producers will pay $202.47 million in Marcellus Shale impact fees from 2012 activity, according to a June 13, 2013 Pennsylvania PUC press release. The Pittsburgh Post-Gazette reports that the number is down less than 1 percent from the $2(…)
The Pennsylvania Independent Oil & Gas Association (PIOGA) appointed Joyce Turkaly as Director of Natural Gas Market Development, which is a newly created position. With this new position, PIOGA seeks to expand the use of Pennsylvania-produced na(…)
On May 22, 2013, the Marcellus Shale Coalition (MSC) released a guidance document entitled Recommended Practices: Pipeline Boring. Pipeline boring, also called horizontal directional drilling, is used when trenching is impractical or impossible, such(…)
West Virginia Governor Earl Ray Tomblin and the West Virginia Oil and Natural Gas Association, both enthusiastic advocates for utilizing natural gas produced from the Appalachian basin to fuel natural gas vehicles (NGVs), sponsored the 2013 Appalachia(…)
The U.S. Senate Energy and Natural Resources Committee is hosting a series of three “public listening sessions” to gather information from stakeholders with an interest in federal policy concerning natural gas issues. The first session, held in a rou(…)
At its annual shareholder meeting today, Consol Energy announced that it intends to pursue – and focus on – additional drilling in the Appalachian Gas Fields. Financing for that drilling, the company indicated, may come from selling off and/or restru(…)
An energy company’s proposal to expand its use caverns left behind from a century of salt mining in New York’s Finger Lakes Region for the storage of natural gas has drawn the ire of several community members that oppose the plans. The company would(…)
Akron city council has approved plans for the first natural gas filling station and truck terminal in the city, operated by J Rayl Transport. The company plans to convert their entire truck fleet from diesel to natural gas, or a combination of the two(…)
On April 1, 2013, Dominion announced that it was submitting an application to the Federal Energy Regulatory Commission (FERC) for a $3.4 billion to $3.8 billion natural gas liquefaction project at its existing Dominion Cove Point LNG Terminal located(…)
Kinder Morgan is reportedly eyeing Tuscarawas County for a natural gas processing plant and a fractionation plant. The reports surfaced when EV Energy Partners referenced a “recent announcement” by Kinder Morgan on the two plants. Kinder Morgan has si(…)
Industry officials announced at a conference in Columbus, Ohio, that a series of infrastructure investments over the next year will begin to unlock access to the Utica Shale play. Projects currently underway by Dominion Transmission Inc. and Enterpris(…)
The Muskingum Watershed Conservancy District approved a lease with Antero Resources covering 6,500 acres located at Seneca Lake in Guernsey and Noble counties. The district, which stretches from southern Akron to the Ohio River, is now one of the big(…)
On January 16, 2013, Governor Earl Ray Tomblin (D) announced the appointment of Harrison County House of Delegate Member Sam Cann, (D), former member of the West Virginia House of Delegates, to fill the vacated Senate seat for the 12th Senatorial Dis(…)
On January 14, 2013, the United States Environmental Protection Agency (EPA) finalized amendments to the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for stationary reciprocating internal combustion engines (RICE). In addition t(…)
The State Journal reports that average residential utility bills decreased 5.3 percent in West Virginia in 2012. According to a January 9 report from the Public Service Commission of West Virginia’s Consumer Advocate Division, a decline in natural ga(…)
The Post-Gazette reports that the U.S. Energy Information Administration (EIA) released a Short-Term Energy Outlook in which the EIA predicts that the Henry Hub natural gas spot price will average $3.74 per million British thermal units (MMBtu) in 201(…)
The Kanawha County Commission is accepting bids for the development of a compressed natural gas (CNG) fueling port to service the County’s CNG-powered Chevrolet Tahoe and future CNG-powered fleet vehicles, reports the Charleston Gazette. Kanawha Cou(…)
Houston-based Plains Marketing LP purchased 40-plus acres situated on the outskirts of Toronto, Ohio from FirstEnergy for its shale-related business activity. According to the papers filed in the Jefferson County recorder’s office on December 28, 201(…)
The domestic steel industry is drawing increased investment as a result of the surge of natural gas production across the United States, Bloomberg News reports. Not only does hydraulic fracturing require the use of steel pipes, but additionally the l(…)
On December 11, 2012, seven states sent the United States Environmental Protection Agency a Notice of Intent to Sue the agency for failing to address methane, a greenhiouse gas (GHG), emissions from the natural gas industry. The states assert that, a(…)
The Pennsylvania Public Utility Commission and Governor Tom Corbett announced yesterday that Pennsylvania’s Act 13 impact fees have generated $204.2 million in revenue through October 15, 2012. $108.7 million dollars will be distributed directly to lo(…)
Utica East Ohio Midstream has begun site preparation for a shale gas collection and processing plant, according to Cleveland.com. The site, located on 117 acres south of Hanoverton, Columbiana County, will be the home of the $400 million plant, which(…)
The Pittsburgh Business Times reports that Chesapeake Energy Corp. is in talks with Giant Eagle concerning a possible joint venture which would involve the installation of compressed nature gas (CNG) refueling facilities at Giant Eagle’s GetGo gas sta(…)
In July 2011, PIOGA filed a motion in the U.S. District Court for the Western District of Pennsylvania seeking to hold the United States Forest Service in contempt of court for allegedly failing to adhere to the Court’s December 2009 preliminary injun(…)