Both Sides of PA’s New Title Washing Law, Act 27 — Who’s Right?

In July, we wrote about the Pennsylvania Supreme Court’s decision in the Proctor “title washing” case and got an earful from landowners who told us the story was more complicated than it looked (see Revisiting the 2025 PA Supreme Court Decision on “Title Washing”). They were right. Since then, the General Assembly has passed Act 27 of 2026, which effectively reverses that decision, and the fight has moved from the courtroom to the Capitol and back to the courtroom again. There is real money on the table — an estimated $1 billion in natural gas — and, more to the point for our readers, there are Pennsylvania landowners on both sides of this. Below we lay out how title washing works, what the Court actually decided, what Act 27 actually says, and the strongest arguments each side is making. We’re not picking a winner in this one. We’re going to explain it. Read More “Both Sides of PA’s New Title Washing Law, Act 27 — Who’s Right?”

Anti-drilling group Protect PT has opened a new front against the biggest gas-fired AI project in Westmoreland County, Pennsylvania. On Aug. 25, Protect PT and two Upper Burrell residents — Allen Uhler and Guy Fuller — filed a land use appeal in Westmoreland County Court challenging the township supervisors’ approval of TECfusions’ work at the former Alcoa/Arconic research campus. Notably, the appeal doesn’t attack the gas turbines or the Marcellus wells feeding them. It attacks a piece of paper. Or rather, the absence of one.
A federal judge in Syracuse dropped a legal anvil on New York’s $75 billion climate shakedown yesterday, ruling that the state’s Climate Change Superfund Act is preempted by federal law and cannot be enforced. It’s a complete win for West Virginia AG J.B. McCuskey, the 21 other state AGs who joined him, and the industry groups that piled on. We’ve been following this one since Gov. Kathy Hochul signed the bill in the waning days of 2024 (see
Here’s a pipeline fight where the bad guys aren’t the greens. Last Friday, the U.S. Court of Appeals for the D.C. Circuit sided with the Federal Energy Regulatory Commission (FERC) and Enbridge subsidiary East Tennessee Natural Gas (ETNG), tossing out a challenge brought not by environmental radicals but by the pipeline’s own customers — a group of small-town gas utilities in Tennessee, Virginia, and Alabama who said they were being stuck with the bill for an upgrade they never asked for.
A group of North Fayette Township (Allegheny County, PA) residents who tried to block a Range Resources well pad has lost its appeal — not because a court weighed their evidence, but because they live too far away to sue. The Pennsylvania Commonwealth Court ruled August 25 that Stephen Bates and Heather Forster, who share an address more than two miles from the proposed pad, lack “standing” — the legal right to bring a case — to challenge the township’s approval in court.
South Carolina’s utility regulators voted unanimously yesterday to let a $2.8 billion artificial intelligence data center in Spartanburg County build and run its own 457-megawatt natural gas power plant without asking the state’s permission first. The decision is a big win for the “behind-the-meter” model — where a data center brings its own generation instead of leaning on the grid — and it’s a model that is going to burn a lot of molecules. Possibly some of ours.
A federal appeals court has handed XTO Energy (ExxonMobil’s shale subsidiary) a win in a long-running Western Pennsylvania royalty lawsuit, ruling Monday that XTO did NOT give up its right to push some landowners into private arbitration — even though it spent 55 months litigating the case before it asked. The case is Salvatora v. XTO Energy Inc., a cousin of the Kriley case MDN has also followed. Same defendant, same Pittsburgh courthouse, same plaintiffs’ firm, same complaint: landowners say XTO shaved too much off their royalty checks for “post-production costs” — the gathering, compression, and processing charges that move gas from the wellhead to a buyer.
The U.S. Court of Appeals for the Second Circuit last Friday slammed the door on Big Green’s attempt to yank the New York water permit for the Williams/Transco Northeast Supply Enhancement (NESE) pipeline. Six environmental groups asked the court to vacate the Clean Water Act Section 401 water quality certification (WQC) that the New York State Dept. of Environmental Conservation (DEC) issued in November 2025. In a summary order issued Aug. 21, a three-judge panel said no. The permit stands. NESE, already under construction, keeps building. 
In March, MDN told you that Butler County landowners were appealing after a federal judge tossed their royalty class action against XTO Energy (see
One of the biggest landowner-vs.-driller cases in Ohio shale history just ended — with no verdict, no dollar figure, and a two-page piece of paper. On July 29, a group of Belmont County mineral owners and Rice Drilling D LLC (owned by EQT) jointly asked a federal judge to throw out the case for good, roughly two months after it was supposed to go in front of a jury. Eight years, 580 docket entries, and one of the most consequential lease questions in the Utica — settled behind closed doors.
Here we go again. The Bureau of Land Management (BLM) finally issued three permits to drill on Wayne National Forest (WNF) land in Monroe County, Ohio, back in May — the first new drilling permits in Ohio’s only national forest in years. Predictably, the same coalition of green groups that has kept a lid on WNF for the better part of two decades ran straight back to federal court to try to stop them.