Judge Tells PA Drillers They Can’t Join Act 13 Lawsuit
At the end of March, seven Pennsylvania municipalities along with the Delaware Riverkeeper Network and a handful of individuals filed a lawsuit against the state of Pennsylvania over a newly enacted Marcellus drilling law called Act 13 (see this MDN story). The lawsuit specifically targets a measure in the new law that supersedes local zoning of oil and gas drilling with state-mandated rules. The Pennsylvania Independent Oil and Gas Association, the Marcellus Shale Coalition and some state lawmakers filed to join the lawsuit on the side of the state, to help defend the new legislation (see this MDN story).
On Friday, the judge in the case denied the application to join the lawsuit:
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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.