Atencio Hall is pleased to announce that attorney Brittany Fox has been promoted to Member. Brittany has been an integral part of the team’s success story since the firm’s inception. Our firm is fortunate to have Brittany join the leadership group as we continue to grow in the Pittsburgh region. Brittany started her legal…
On April 19, 2023, the Pennsylvania Supreme Court determined that certain regulations were lawful as promulgated by the Pennsylvania Department of Environmental Protection (DEP) and the Pennsylvania Environmental Quality Board (EQB) related to fact-finding in support of DEP’s review and issuance of unconventional well drilling permits (Marcellus Shale Coalition v. Dep’t of Envtl. Prot. Of…
On January 18, 2023, the Seventh Appellate District Court of Appeals upheld a trial court ruling that language in certain 2013 and 2014 oil and gas leases limiting the leased formations to the “formations commonly known as the Marcellus Shale and the Utica Shale,” did not include the Point Pleasant formation (Terra, L.L.C. v. Rice…
On January 24, 2023, the U.S. District Court for the Middle District of Pennsylvania upheld the constitutionality of Act 85 of 2019, which amended the Pennsylvania Oil and Gas Lease Act to permit the drilling of horizontal oil and gas wells across existing drilling units. Lessor Warner Valley Farm LLC sued Lessees SWN Production Co.…
Update on Leasing of State-Owned Land in Ohio Ohio HB 507 Signed by Governor on January 6, 2023 On Friday January 6, 2023, Ohio Governor Mike DeWine signed HB 507, which among various items, changed the language of O.R.C. 155.33 to provide a directive that a state agency “shall lease, in good faith,…” its…
Update on Siting Utility-Scale Renewable Projects in Ohio Status of Township and County Utilization of Rights Under S. B. 52 In 2021, Ohio adopted S. B. 52 (codified at O. R. C. §303.57 to .62) which authorized counties to regulate the siting of “large” utility scale solar facilities and wind farms. Siting authority was previously…
Russell Redding, Pennsylvania Agricultural Secretary, closed out 2022 by releasing guidance for siting grid-scale solar panels on farms and rural communities in the Commonwealth. The stated goal of the guidance is to inform “decisions by landowners, investors, planners and government officials in considering the planning and siting of grid-scale solar systems,” with the intent “to…
A New Trend Toward Active Leasing of State-owned Land in Ohio Pending Ohio HB 507 & Oil and Gas Land Management Commission – New Lease Form The State of Ohio, through its various agencies, may own oil, gas and mineral rights under certain state-owned lands, including state parks and highways. In 2021, the State of…
Senterra v. Winland – Ohio Supreme Court Limits Duhig Application and Applies Marketable Title Act The Ohio Supreme Court considered the application of the Duhig rule and the Marketable Title Act in the case of Senterra, Ltd. v. Winland, Slip Opinion No. 2022-Ohio-252, in its opinion dated July 26, 2022. In a 4-3 decision, the…
Ohio HB 397 – Updates to Oil and Gas Statutory Unitization Procedure Effective July 21, 2022, Ohio House Bill 397 included a provision that the Ohio Division of Oil and Gas Resources Management is required to process statutory unitization applications submitted under Ohio Revised Code §1509.28 within a new expedited timeline. Pursuant to O. R.…