Using PA “Free Gas” Clause in Leases to Refute Royalty Deductions
We have a second article today dealing with post-production deductions in Pennsylvania oil and gas leases. Although this is an “in the weeds” legal article, it’s worth your time and attention (if you are a PA landowner or driller) to read it and understand it. The lawyers at Houston Harbaugh, P.C. have discovered an ingenious way of exposing “net back pricing” and claiming post-production deductions under market enhancement royalty clauses as being hypocritical–by using a clause found in some leases that allows “free gas.”
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Big Green is Big Business–especially in Pennsylvania, where leftist groups routinely file a blizzard of lawsuits against the shale industry. Some Big Green groups receive funding from foreign sources, including Russia and China. They seem to have endless pools of money to litigate every square inch of new pipeline and every proposed new well pad. As if being repeatedly sued isn’t enough, these disgusting groups want the fossil fuel industry to pay them for their lawyers! When the groups are the ones filing the lawsuits!! The Democrat judges of the Pennsylvania Supreme Court, in a poorly reasoned decision issued yesterday, have granted Big Green the power to sue, and then get paid for suing.
Last summer then-Gov. Tom Wolf instructed the Pennsylvania Dept. of Environmental Protection (DEP) to conduct a comprehensive review of conventional oil and gas driller compliance with an eye on locating enough dirt to justify creating onerous new regulations for the industry (see 
Pennsylvania State Rep. Martin Causer, Republican from Bradford (McKean County), PA, is introducing a new bill to prohibit PA municipalities from banning the installation and use of natural gas stoves and furnaces. “Pennsylvanians deserve better than to have their freedom restricted by an overly involved government that thinks it knows better than they do,” Causer wrote in a memorandum to his fellow House members, asking them to join him in co-sponsoring the bill. In our opinion, every single Republican member of the PA House should be listed as a co-sponsor of Causer’s “energy freedom” bill.
The difference between the Susquehanna River Basin Commission (SRBC) and the Delaware River Basin Commission (DRBC) is stark. The former is well-run and rational, the latter is disorganized and irrational. At least with respect to fracking. Over the weekend, the SRBC published a notice in the Pennsylvania Bulletin to announce that during the month of January, the agency approved 38 requests for daily water use on shale well pads in the SRBC’s jurisdictional territory in Pennsylvania, totaling some 233.5 million gallons. Put another way, this is a handy list of where drilling will soon happen in northeastern PA.
Evolution Well Services, headquartered in Houston with a regional office in Pittsburgh, specializes in “electric” fracking–using natural gas from the well pad (instead of diesel fuel) to power turbines to create electricity that drives fracking pumps. In September 2020, three former Evolution employees who worked at remote sites in the Marcellus/Utica filed a lawsuit against the company claiming Evolution failed to pay them for their commute to and from job sites. The lawsuit was turned into a class action in February of last year (see 
We’re going to say it right up front to everyone who voted for John Fetterman for U.S. Senate in Pennsylvania: We told you so. We warned MDN readers Fetterman is not up to the job. He had a stroke, he should have pulled out of the race, but he didn’t. And now the left (including the Democrat cheerleaders of the New York Times) feel comfortable enough to admit the truth that some of us were speaking last fall–that Fetterman is not fit to be a U.S. Senator. Fetterman defeated the odious Republican Dr. Oz, so he’s served his purpose. Now it’s time to dump him and replace him with someone else. That appears to be the plan by the left.
We spotted an article chronicling a visit to Pennsylvania by the Dept. of Interior Secretary Deb Haaland yesterday. She was there to tout money flowing to the Keystone State from the so-called Infrastructure bill in order to plug old abandoned oil and gas wells. What was interesting about her visit was not that she was there to promote the Bidenista agenda and proclaim how great the doddering old fool (her boss) is. The interesting thing is who was by her side: Rich Negrin. You may recall newly minted liberal Democrat Gov. Josh Shapiro nominated Negrin to be the next Secretary of the Dept. of Environmental Protection (DEP) just about 30 days ago (see 
Attorneys for both the Pennsylvania Dept. of Environmental Protection (DEP) and those representing gas-fired power plants were in PA Commonwealth Court on Wednesday. DEP’s attorneys argued the court should toss a lawsuit brought by the power-generating industry against an obscene carbon tax called the Regional Greenhouse Gas Initiative (RGGI) that DEP is trying to force on the state. Power generators argue in their lawsuit that RGGI will actually lead to MORE carbon pollution rather than less.
Have you ever heard of reviving an expired lease through retroactive pooling and unitization? We sure hadn’t. But apparently, it’s a thing in the Marcellus region. According to the legal beagles at Pittsburgh energy law firm Houston Harbaugh, in some cases, landowners with leases that were expired are being notified those leases are now part of an amended (back-dated) declaration of pooling, which shows a date prior to the lease expiring.
The heads of three major oil and gas groups in the Appalachian region–the Marcellus Shale Coalition (representing Pennsylvania), the Gas and Oil Association of West Virginia, and the Ohio Oil and Gas Association–combined to pen an open letter to President Biden encouraging him to let the Marcellus/Utica “lead the way” in achieving our country’s shared goals for domestic, affordable, and clean energy. It’s a great letter making strong and cogent arguments for why more M-U natgas can reduce emissions and benefit not only the economy but the environment. There’s just one small problem…
The Pennsylvania House Republican Policy Committee held a hearing yesterday in Harrisburg on the increasing energy costs that affect large and small businesses as well as homeowners. Several energy advocates, including Marcellus Shale Coalition President Dave Callahan, shared their thoughts and insights. High on the list of issues creating higher energy prices in the Keystone State are (1) the Regional Greenhouse Gas Initiative (RGGI, an obscene carbon tax), and (2) the ongoing issue of red tape from government bureaucracies like the Dept. of Environmental Protection.
Baker Hughes reported the rig count for last week saw the deepest cuts in rigs for any single week since June 2020 (just as the COVID pandemic and lockdowns were taking hold). The oil and gas rig count, an early indicator of future output, fell by 12 to 759 in the week ending Feb. 3. That is the lowest overall rig count number since September of last year. All of which sounds rather ominous. So we grabbed the numbers and updated our own spreadsheet/chart, and found the rig count across the three Marcellus/Utica states–Pennsylvania, Ohio, and West Virginia–remained a constant 52 active rigs over the past three months. Whew.
Two weeks ago, the Pennsylvania Senate Majority Policy Committee held a public hearing on energy access and affordability. As part of that hearing, Marcellus Shale Coalition president Dave Callahan gave testimony that a problem we’ve highlighted for years is still out of control. The state Dept. of Environmental Protection (DEP) (a) takes WAY too long to issue new permits for shale projects, (b) when it does issue permits, it is inconsistent in the standards used, depending on which area of the state, and (c) the ongoing permit delays and inconsistency are costing the state jobs.