Surface Owner Rights
Shale Law Weekly Review—Week of July 22, 2024
GHG Emissions: DC Court Denies Challenge to EPA’s Recent Emissions Rule ⚡
On July 9, 2024, the U.S. District Court for the District of Columbia denied a motion filed by twenty-four states to stay the recent rule promulgated by the Environmental Protection Agency (EPA) regulating greenhouse gases (GHGs) and volatile organic compounds (VOCs) emissions by oil and gas companies. State of Texas v. EPA, No. 24-1054. In the original complaint, the plaintiff states argued that EPA’s rule, which went into effect on May 7, 2024, was “onerous” and that it would cost states millions of dollars to […]
Shale Law Weekly Review—Week of July 15, 2024
LNG Infrastructure: Western District of Louisiana Blocks the White House’s Pause on Issuing LNG Export Permits ⚡
On July 1, 2024, the Western District of Louisiana issued a judgment, ordering White House officials to resume approving LNG export applications for “liquefied natural gas to non-FTA countries . . . .” In the memorandum ruling, the court concluded that the Plaintiffs had standing to bring the action to court and that the Plaintiffs be granted a preliminary injunction. The preliminary injunction will be granted for “the LNG Export Ban [to] be stayed in its entirety, effective immediately.” The court determined […]
Shale Law Weekly Review—Week of June 17, 2024
Methane Emissions: Arkansas and Louisiana Receive $30 Million to Plug and Reclaim Legacy Oil and Gas Wells ⚡
On May 30, 2024, the United States Department of the Interior issued a press announcing Arkansas and Louisiana would receive a combined $30.59 million to be used to plug and reclaim orphaned oil and gas wells. The funds come from the $660 set aside by the Infrastructure Investment and Jobs Louisiana is receiving most of the funds, $25 million, while Arkansas receives the remaining $5.59 million. With the funds, the states will measure methane emissions from orphaned oil and gas […]
Shale Law Weekly Review—Week of October 23, 2023
Infrastructure: DOE Announces Phase 1 Award Winners in Buildings UP Program ⚡
On October 11, 2023, the Department of Energy (DOE) Office of Energy Efficient and Renewable Energy (EERE) announced $22 million in awards through its Buildings Upgrade Prize (Buildings UP). The Building Up program awards groups developing building upgrades focusing on energy efficiency and greenhouse gas reduction, among other goals. These most recent awards were distributed under Building Up Phase 1 which identified groups, governments, and businesses developing “building energy upgrades.” Phase 1 winners were designated to either Equity-Centered Innovation or Open Innovation groups and will move on […]
Shale Law Weekly Review—Week of July 17, 2023
National Energy Policy: DOE Announces $90 Million Intended to Update State and Local Building Energy Codes ⚡
On July 12, 2023, the United States Department of Energy (DOE) posted a press release announcing $90 million to help municipalities, states, tribes, and other partnering organizations implement updated building energy codes. The funding has been awarded to 27 projects in 26 states and the District of Columbia. Updated state and local building codes are projected to save Americans $138 billion on utility bills and reduce CO2 emissions by 900 million metric tons by 2040, according to the DOE’s impact analysis.
Air Quality: […]
Pennsylvania Supreme Court Rules that Residents of Neighboring Municipality Can Provide Testimonial Evidence in Land Use Hearing on the Impacts of Natural Gas Drilling
Written by Chloe Marie – Research Specialist
Case Summary: EQT Production Company et al. v. Borough of Jefferson Hills, No. 4 WAP 2018
On May 31, 2019, the Supreme Court of Pennsylvania issued an opinion addressing whether residents living in neighboring municipalities can provide testimonial evidence at a land use public hearing about the impacts of unconventional natural gas drilling. The Supreme Court concluded that such evidence may be considered by the municipality in the granting of conditional use approval for a natural gas drilling operation.
Factual Background
In September 2015, EQT filed an application with the Borough of […]
West Virginia Supreme Court Rules that Surface Landowners Are Not Substantially Burdened by Off-Site Horizontal Drilling Activities
Written by Chloe Marie – Research Specialist
Within the last month, the West Virginia Supreme Court has decided two cases that impact the relationship between surface owners and mineral owners in split-estate situations. In a prior article, we addressed EQT Production Co. v. Crowder, 2019 WL 2414728 (W. Va. June 5, 2019), where the court ruled on the ability of a split-estate mineral owner to use the surface estate for the development of adjacent properties. In this article, we will address Andrews v. Antero Resources Corp., 2019 WL 2494598 (W. Va. June 10, 2019), where the court ruled on the related […]
West Virginia Supreme Court Rules that Owner of Severed Mineral Estate Cannot Use Surface Estate to Develop Minerals from Neighboring Properties
Written by Chloe Marie – Research Specialist
In the current month, the West Virginia Supreme Court has decided two cases that impact the relationship between surface owners and mineral owners in split-estate situations. In this article, we will address EQT Production Co. v. Crowder, 2019 WL 2414728 (W. Va. June 5, 2019), where the court ruled on the ability of a split-estate mineral owner to use the surface estate for the development of adjacent properties. In our next article, we will address Andrews v. Antero Resources Corp., 2019 WL 2494598 (W. Va. June 10, 2019), where the court ruled on the […]
