PA Act 13 Lawsuit and its “Supporters”
The Pittsburgh newspapers want us to believe there is a huge surge of support behind a lawsuit recently filed against what is known as Act 13—a new law passed just a few months ago in Pennsylvania that updates Marcellus oil and gas drilling rules in the state. Although the law brought much-needed new regulations to the Commonwealth, it also contained two measures that have particularly irked those who oppose drilling: an impact fee instead of a severance tax, and preemption of local oil and gas zoning ordinances with a “one size fits all” set of ordinances from the state. MDN will not recount the arguments for and against, you can read them by doing a search for “Act 13 lawsuit” in our search box (upper right corner).
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An update on what could be a very important case for many landowners in Pennsylvania: On Tuesday, April 3, the PA Supreme Court agreed to hear a Susquehanna County case called Butler v Powers estate. The case concerns whether or not natural gas rights are a part of “mineral rights” in old leases where it’s not specifically spelled out. PA law precedent since 1882 known as the “Dunham rule” is that natural gas is not part of mineral rights unless specifically stated as such. If the Supreme Court overturns that precedent, it would threaten hundreds of drilling leases now in place throughout PA.