Phone: 412-281-5060
Robert’s practice is exclusively devoted to the representation of landowners and royalty owners in oil and gas
matters. Robert is the Chair of the Firm’s Oil and Gas Practice Group and represents landowners and royalty owners in a wide array of oil and gas matters throughout the Commonwealth of Pennsylvania. Robert assists landowners and royalty owners in the negotiation of new oil and gas leases as well as modifications to existing leases. Robert also negotiates surface use agreements and pipeline right-of-way agreements on behalf of landowners. Robert also advises and counsels clients on complex lease development and expiration issues, including the impact and effect of delay rental and shut-in clauses, as well as the implied covenants to develop and market oil and gas. Robert also represents landowners and royalty owners in disputes arising out of the calculation of production royalties and the deduction of post-production costs. Robert also assists landowners with oil and gas title issues and develops strategies to resolve and cure such title deficiencies.
A prolific author and speaker on numerous oil and gas topics, Robert is a frequent lecturer at Pennsylvania Bar Institute oil and gas programs and currently serves on the Pennsylvania Bar Institute’s “Oil and Gas Law Advisory Committee.” He is also a contributing author of The Law of Oil and Gas in Pennsylvania (1st Ed. 2014), published by the Pennsylvania Bar Institute, and is a member of the Executive Committee of the Pennsylvania Bar Institute’s premier oil and gas law program, the annual “Oil and Gas Law Colloquium.”
Robert is a member of the Board of Directors of the Pennsylvania Oil and Gas Landowner’s Alliance and is an active member of its Legislative Committee. He also served on the “Siting and Routing” Workgroup of Governor Wolf’s “Pipeline Infrastructure Task Force” in 2015.
Robert is also a retired officer from the United States Army.
- Representation of school district in negotiating non-surface access oil/gas lease.
- Representation of Fortune 500 company in connection with title dispute arising out of ownership of oil/gas estate.
- Representation of family limited partnership in negotiating oil/gas lease with parcel in excess of 1,500 acres.
- Representation of landowner in litigation with contaminated water supply caused by nearby drilling operations.
- Representation of landowner in pipeline eminent domain action arising under the Natural Gas Act.
- Representation of mineral owners in quiet title action against a surface owner claiming title to hydrocarbons through adverse possession.
- Representation of landowner with 1400 acres in dispute with gas operator regarding bad faith pooling.
- Representation of landowner in connection with water contamination claims caused by adjacent drilling operations.
- Representation of an equipment supply company in a dispute with a gas operator regarding surface access rights.
- Representation of a landowner who faced mine subsidence, contaminated water and other environmental concerns and successfully negotiated a revised lease with the gas company and the coal company.
- Representation of landowner with 4,000+ acres in dispute with gas operator regarding lease expiration.
- Representation of landowner in lease litigation regarding the proper application of shut-in royalty clause and other lease-saving mechanisms.
- Representation of landowner with 4,000+ acres in dispute regarding the application of the gas storage clause and the ability to hold lease beyond primary term.
- Representation of landowner in dispute with gas operator regarding a sub-surface trespass occasioned by horizontal drilling.
Latest Publications
- Lease Expiration and Lease Development
- Pennsylvania Superior Court Rules that Oil and Gas Rights Did Not Transfer to Buyer
03.2021 - Pennsylvania Superior Court Rules That Payment Of Delay Rentals Alone Cannot Maintain A Lease Beyond Primary Term
04.2020 - Kentucky Court Rules That Lease Expired Due To Driller’s Failure To Market And Produce Gas
05.2020 - Driller Bankruptcy Could Raise Environmental Concerns for Landowners
03.2020 - My Driller Filed for Bankruptcy; What Happens to My Lease in Pennsylvania?
02.2020 - Pennsylvania Superior Court Fumbles Lease Expiration Claim
02.2020 - West Virginia Supreme Court Rules That Horizontal Wells Cannot Be Drilled Into Adjacent Tracts Pursuant to 1901 Lease
06.2019 - Murphy Exploration v. Adams: Texas Supreme Court Suggests That Horizontal Well Bore Will Not Drain Hydrocarbons From Adjacent Tract
02.2019 - Claim Based On Implied Covenant To Market Gas To Move Forward In Federal Royalty Litigation
11.2018 - Ohio Supreme Court Declines to Recognize Implied Covenant of Further Exploration
01.2018 - New Legislation May Allow Drillers to Revive Expired Oil and Gas Leases
11.2017 - Non-Producing Oil and Gas Lease Deemed Abandoned by the Pennsylvania Superior Court
05.2017 - Landowners Beware: Warranty Clause in Oil and Gas Lease Can Obligate Landowner to Repay Signing Bonus
03.2017 - Ohio Supreme Court Observes That Driller Cannot Maintain Lease Indefinitely by Paying Delay Rentals
02.2016 - Is the Implied Covenant of Reasonable Development Irrelevant? PA Law Weekly| 10.20.15
- The Status Quo Restored. The background of the decision that put the ‘Dunham Rule’ back in place. The Pennsylvania Lawyer| September/October.2013
- Pennsylvania Superior Court Rules Driller had no Implied Obligation to Develop Deeper Formations
07.2013 - Can the Payment of a Shut-In Royalty Maintain an Oil/Gas Lease Indefinitely?
10.2012 - Federal Court in Scranton Rules That Litigation Filed by Landowner Did Not “Repudiate” the Lease
08.2012 - Federal Court Rules that Assignment of Oil/Gas Lease May Not Extinguish Liability of Original Lessee
08.2012 - Federal Court in Pittsburgh Allows Lease Cancellation Suit to Move Forward
05.2012 - Preliminary Operations Not Enough To Extend Lease into Secondary Term
12.2011 - Non-Production During Secondary Term Results in Termination of Lease
11.2011 - Temporary Cessation of Production: How much time does a producer have under Pennsylvania law?
03.2011 - To Drill or Not to Drill – Does Pennsylvania Recognize an Implied Covenant of Further Exploration?
02.2011
- Pennsylvania Superior Court Rules that Oil and Gas Rights Did Not Transfer to Buyer
- Royalties and Post-Production Costs
- Texas Supreme Court Rules That Gross Royalty Clause Prohibits Driller From Deducting Post-Production Costs
03.2021 - Is Your Driller Trying to Re-Write History?
03.2021 - Historic Cold May Provide Window Into “Market Enhancement” Under Gas Leases
02.2021 - Kansas Court Rules that Gas is not Marketable Until it Reaches Interstate Pipeline
08.2020 - Why Is The Driller Deducting Post-Production Costs My Lease Doesn’t Allow? Kilmer V. Elexco Land Services: A Decade Later
06.2020 - Ohio Court Rules That Driller Did Not Breach Lease By Deducting Post-Production Costs Incurred By Affiliate
05.2020 - Federal Court in Kentucky Allows Novel Royalty Claim to Move Forward
03.2020 - Federal District Court in Ohio Rules That Driller Did Not Breach Lease by Deducting Post-Production Costs Incurred by Affiliate
11.2019 - Sixth Circuit Rules That Driller Must Pay Royalties On Natural Gas Liquids
05.2019 - Oklahoma Federal Court Rules That Driller Must Pay Royalty On Fuel Gas
04.2019 - Federal District Court In Pennsylvania Allows Royalty Claim To Move Forward
01.2019 - West Virginia Jury Finds That Eqt Improperly Calculated Landowners’ Royalty On Shale Gas
10.2018 - West Virginia Moves to Prohibit Drillers From Taking Deductions Which Reduce Net Royalty Below 12.5%
03.2018 - Tenth Circuit Rules That Obligation to Pay Royalty on Fuel Gas Depends on Lease Language
02.2018 - Federal District Court in Ohio Rules That Chesapeake Did Not Breach Lease When it Deducted Costs From Royalty
11.2017 - New Royalty Bill HB 1708 Will Not Help Pennsylvania Landowners
08.2107 - Claim Based on Implied Covenant to Market Gas to Move Forward in Federal Royalty Litigation
07.2017 - Why the New Minimum Royalty Bill is Constitutional and Good for Pennsylvania
04.2017 - West Virginia Supreme Court to Reconsider Landmark Decision in Leggett v. EQT Production Company
02.2017 - The Difference Between a “Royalty” and a “Royalty Interest” Can Be Confusing and Costly For Landowners
12.2016 - West Virginia Supreme Court Declares that Minimum Royalty Statute Does Not Authorize the Deduction of Post-Production Costs
12.2016 - Ohio Supreme Court Declines to Adopt Blanket “At the Well” Rule
11.2016 - HB 1391: Putting Teeth Back in Pennsylvania’s Minimum Royalty Statute
08.2016 - Driller Has No Obligation to Pay Royalty on Lost Gas
05.2016 - Federal Court in Pittsburgh Questions Applicability of Kilmer Decision
03.2016 - Court Rules Severance Tax Does Not Increase Value Of Shale Gas, Therefore Not A Deductible Post-Production Cost
09.2015 - Landowners May Face Difficult Burden Regarding Intermingled Gas PA Law Weekly| 08.11.15
- Legislation Revived to Protect Royalty Owners in Pennsylvania
06.24.15 - Superior Court Breathes New Life Into Guaranteed Minimum Royalty Act PA Law Weekly | 2.25.14
- Failure to Tender Production Royalty Did Not Trigger Forfeiture Clause PA Law Weekly | 12.31.13
- Is Pa. Becoming a First-Marketable-Product Jurisdiction? PA Law Weekly | 10.15.13
- Who’s Entitled to Free Gas? 01.2012
- Texas Supreme Court Rules That Gross Royalty Clause Prohibits Driller From Deducting Post-Production Costs
- Pooling and Unitization
- Hordis v. Cabot Oil and Gas Corporation: Landowner Challenges Whether Driller Can Ignore Pooling Clause and Simply Rely on Act 85
06.2020 - Supreme Court Decision in Briggs v. Southwestern Energy is a “Win” for Pennsylvania Landowners
01.2020 - Act 85 and Cross-Unit Drilling- More Questions Than Answers for Landowners
11.2019 - Houston Harbaugh, P.C Files “Amicus Curiae Brief’ On Behalf Of The Pennsylvania Chapter Of The National Association Of Royalty Owners In Briggs, et al v. Southwestern Energy (63 Map 2018)
03.2019 - Murphy Exploration v. Adams: Texas Supreme Court Suggests That Horizontal Well Bore Will Not Drain Hydrocarbons From Adjacent Tract
02.27.2019 - Pennsylvania Superior Court Rejects Rule of Capture in Subsurface Trespass Suit
04.2018 - Pooling Clause Not Necessary: West Virginia Court Finds Implied Right to Pool Exists Where Lease Silent 05.2016
- Has Forced Pooling Come to Pennsylvania With SB 259? PA Law Weekly | 08.13.13
- Not Your Father’s Oil and Gas Lease
06.2013
- Hordis v. Cabot Oil and Gas Corporation: Landowner Challenges Whether Driller Can Ignore Pooling Clause and Simply Rely on Act 85
- Surface Usage and Pipelines
- West Virginia Supreme Court Rules That Horizontal Wells Cannot Be Drilled Into Adjacent Tracts Pursuant to 1901 Lease
06.2019 - West Virginia Jury Awards Damages to Surface Owner for Unauthorized Well Pad
09.2017 - Pennsylvania Landowners May Not Own Oil and Gas Rights Under Rivers and Streams
04.2016 - A Possible Blueprint for Landowners Challenging Pipeline Companies PA Law Weekly | 06.16.15
- Abandoned Oil and Gas Wells – More Than Just a Rusty Eyesore
05.2015 - Not All is Quiet on the Quiet Title Front PA Law Weekly | 02.09.15
- Good News for Landowners Means Bad News for Trespassers PA Law Weekly | 12.16.14
- PUC Decision Suggests Pipeline Operator Has Public Utility Status PA Law Weekly | 10.28.14
- Local Zoning Ordinances May Hinder Oil/Gas Development 10.2014
- Pipeline Operators: Public Utility or Pipeline Futility PA Law Weekly | 8.19.14
- Marcellus Shale Gas is Not a Mineral. What Does This Mean for Lease-holders?
04.2013 - Subsurface Trespass – Can They Take the Gas Under My Property Without a Lease?
07.2011 - Adverse Possession – Can Surface Owner Acquire Title to Gas Formations by Mere Passage of Time?
06.2011 - The Accommodation Doctrine: Balancing the Interests of the Surface Owner and the Mineral Owner
04.2011
- West Virginia Supreme Court Rules That Horizontal Wells Cannot Be Drilled Into Adjacent Tracts Pursuant to 1901 Lease
2020 PA Oil/ Gas Legal Recap
Houston Harbaugh Townhall
January 19, 2021 | Webinar
Oil & Gas Caselaw and Regulatory Update
Pennsylvania Bar Institute
October 14, 2020 | Webinar
Summer 2020 PA Oil/ Gas Legal Update
Houston Harbaugh Townhall
August 11, 2020 | Webinar
Providing Notice of Lease Termination
Washington County Bar Association
June 18, 2020 | Webinar
Briggs v Southwestern Energy; Subsurface Trespass Claims Survive Supreme Court
Pennsylvania Bar Institute
February 19, 2020- Webinar
Pennsylvania Oil/ Gas Law Update
Berkshire Hathaway HomeServices
February 12, 2020 | Butler, PA
Pennsylvania Oil/ Gas Law Update
Pennsylvania Oil and Gas Landowner Alliance
February 11, 2020 | Washington, PA
Pennsylvania Oil/ Gas Law Update
Pennsylvania Oil and Gas Landowner Alliance
February 4, 2020 | Butler, PA
Hot Topics in Oil and Gas Law
Pennsylvania Bar Institute
December 4, 2019 | Pittsburgh, PA
Update on PA Oil/ Gas Law
Pennsylvania Oil and Gas Landowner Alliance (POGLA)
October 29, 2019 | Prospect, PA
General Legal Update- Pennsylvania
NARO National Convention
October 3, 2019 | Pittsburgh, PA
Law of Implied Covenants
Pennsylvania Bar Institute, Oil and Gas Law Conference
August 8, 2019 | Southpoint, PA
Equitable Distribution of Oil, Gas and Mineral Rights
Allegheny County Bar Association, Family Law Section
July 24, 2019 | Pittsburgh, PA
Legal Update: Briggs v. Southwestern and Additional Oil and Gas Cases in the Commonwealth
Pennsylvania Oil and Gas Landowner Alliance (POGLA) Inagural Conference and Annual Meeting
July 20, 2019 | State College, PA
Briggs and the Unsettled State of the Rule of Capture
Washington County Winter Beach Bar
March 1, 2019 – Canonsburg, PA
Post-Production Costs and Royalty Litigation in Pennsylvania
Town Hall Meeting
November 28, 2018 – Burgettstown, PA
Valuation of Oil and Gas Rights
October 16, 2018 – Bridgeville, PA
Minimum Royalty and Pennsylvania Legislative Update
Beaver-Lawrence County Farm Bureau Meeting
October 11, 2018 – New Castle, PA
Post-Production Costs and Royalty Litigation in Pennsylvania – An Update
Pennsylvania Bar Institute
August 16, 2018 – Pittsburgh, PA
Recent Trends in Pennsylvania Royalty Litigation
10th Annual Oil & Gas Law Colloquium – Pennsylvania Bar Institute
June 28-29, 2018 – Cranberry Township, PA
PA House Bill 557 and the Deduction of Post-Production Costs
PA NARO Town Hall Meeting
May 15, 2018 – Burgettstown, PA
Briggs: Game-Changer for Subsurface Trespass Claims and Unconventional Drilling?
Pennsylvania Bar Institute Webinar
May 3, 2018
Held by Production: When is a Lease Actually Held?
North Carolina Pennsylvania Realtors Association quarterly meeting
April 10, 2018 – Wellsboro, PA
The Myth of Held by Production: How and Why Leases can be Extended Without a Producing Well
PA NARO Annual Convention
March 21-23, 2018 – State College, PA
Residential Real Estate and the New OGM Addendum Forms
Berkshire Hathaway Home Services
March 13, 2018 – Butler, PA
Held by Production: When is a Lease Actually Held?
Town Hall Meeting
January 30, 2018 – Liberty, PA
The New Pennsylvania Association of Realtors’ Oil/Gas Forms: What Real Estate Agents Need to Know
Berkshire Hathaway Home Services
January 23, 2018 – Cranberry, PA
HB 557 and the Deduction Of Post-Production Costs
PA NARO Town Hall Meeting
December 11, 2017 – Claysville, PA
The New Pennsylvania Association of Realtors’ Oil/Gas Forms: What Real Estate Agents Need to Know
Berkshire Hathaway Home Services
November 8, 2017 – Pittsburgh, PA
Municipal Leasing of Oil and Gas Rights
Washington County Association of Township Officials Annual Convention
October 5, 2017 – Washington, PA
PA Legislative Update: HB 557 and the Deduction Of Post-Production Costs
PA NARO Town Hall Meeting
October 2, 2017 – Burgettstown, PA
The New Pennsylvania Association of Realtors’ Oil/Gas Forms: What Real Estate Agents Need to Know
September 21, 2017 – Bethel Park, PA
PA House Bill 557 and the Deduction of Post-Production Costs
PA NARO Town Hall Meeting
May 15, 2017, Burgettstown, PA
Equitable Distribution Of Oil, Gas And Mineral Rights
Allegheny County Bar Association Family Law Section
May 8, 2017 – Pittsburgh, PA
The Impact of Marcellus Shale on Residential Real Estate: What Real Estate Agents Need to Know
Butler County Association of Realtors
April 20, 2017 – Butler, PA
The Robinson Township Decision and a Heightened Standard of Care For Municipal Leasing
Greene County Association of Township Officials
April 10, 2017 – Waynesburg, PA
Unique and Complicated Issues That Confront Realtors in Completing the OGM addendum
November 15, 2016 – North Central Pennsylvania Board of Realtors – Wellsboro, PA
November 10, 2016 – Berkshire Hathaway Home Services – Peters Township, PA
October 17, 2016 – Berkshire Hathaway Home Services – Castle Shannon, PA
Municipal Ownership and Regulation of Oil & Gas – Are you Wearing Two Hats?
Allegheny County and Western Pennsylvania Association of Township Commissioners Annual Conference
September 17, 2016 – Seven Springs, PA
HB 1391
PA NARO Town Hall Meeting
September 13, 2016 – Washington, PA
The Impact of Marcellus Shale on Residential Real Estate: What Real Estate Agents Need to Know
August 24, 2016 – Bethel Park, PA
Oil and Gas Title Law A-Z
National Business Institute
June 15, 2016 – Pittsburgh, PA
Shale Energy Leadership Organization Summit II
April 28, 2016 – Hermitage, PA
Streams, Roads and Railroads: Who Owns the Oil and Gas Rights Anyway?
2016 PA NARO Annual Convention
March 30 – April 1, 2016 – State College, PA
Ultimate Guide to Oil and Gas Title Law
National Business Institute
December 9 – 10, 2015 – Mechanicsburg, PA
Hydraulic Fracturing, Horizontal Drilling and the Modern Oil Lease
Hydraulic Fracturing, Horizontal Drilling and Development of the Marcellus Shale – The Seminar Group
November 18, 2015 – Pittsburgh, PA
Current Litigation Issues Concerning Post-Production Costs
2015 National Association of Royalty Owners 35th Anniversary National Convention
October 15 – 17, 2015 – Las Vegas, NV
Bad Faith Pooling
7th Annual Oil and Gas Law Colloquium – Pennsylvania Bar Institute
September 24, 2015 – Pittsburgh, PA
Property Rights: Lessor/Lessee Disputes
Hydraulic Fracturing Disputes and Litigation – Half Moon Seminars
August 28, 2015 – Pittsburgh, PA
Emerging Issues in PA Oil/Gas Law: Act 66/Forced Pooling, Post Production Costs, Sabella Decision
PA NARO Town Hall Meeting
May 27, 2015 – Washington, PA
Marcellus Shale: Where are we now?
California University of Pennsylvania
April 16, 2015 – Cal U Center for Innovation
Oil and Gas Law Update: Recent Decisions Impacting Oil and Gas Practice
Pennsylvania Bar Institute
April 2, 2015 – Live Webinar
Facing the Challenges
2015 PA NARO Annual Convention
March 26-27, 2015 – State College, PA
The Attorney’s Guide to the Oil and Gas Lease
Pennsylvania Bar Institute
February 10, 2015 – Mechanicsburg, PA
February 26, 2015 – Pittsburgh, PA
Fuel Yourself with Knowledge
PA NARO
January 24, 2015 – West Middlesex, PA
Marcellus Shale for Landowners’ Representatives
California University of Pennsylvania
December 12, 2014 – Cal U Center for Innovation
Oil and Gas Leases in the Era of Horizontal Drilling and Hydraulic Fracturing
West Coast Landman’s Institute
October 22–24, 2014 – Las Vegas, NV
Oil and Gas Leases in the Era of Horizontal Drilling and Hydraulic Fracturing
Texas Land Institute
September 22, 2014 – Houston, TX
Gas Lease Termination Issues
YPE Energy Training Series
June 5, 2014 – Washington, PA
Emerging Issues in Pennsylvania Oil & Gas
Pennsylvania Association of Realtors – Shale Gas Summit
April 24 – 25, 2014
HB 1684
The David Madiera Show on 94.3 FM “The Talker”
March 8, 2014 – State College, PA
Lease Expiration and Termination Issues
2014 NARO PA Convention
March 27-28, 2014 – State College, PA
Emerging Issues in PA Oil/Gas Law
July 19, 2012 – Grove City, PA
Oil/Gas Lease Termination Issues
The “Morning Show” with PJ Maloney, KQV Radio 1410 AM
June 27, 2012 – Pittsburgh, PA
Emerging Issues in Pennsylvania Oil/Gas Law
Northeast Pennsylvania Board of Realtors (Tioga County)
June 21, 2012 – Wellsboro, PA
Lease Termination Issues
Blossburg Landowners Meeting
June 7, 2012 – Blossburg, PA
Conveyance and Interpretive Matters Involving Estates & Trusts
Gas Leases and Estate Planning Techniques to Protect the Future of Your Client’s Mineral Rights – Pennsylvania Bar Institute
May 9, 2012 – Pittsburgh, PA
Recent and Emerging Oil/Gas Issues
The MoneyLine Show with Host George Dukovich on KQV Radio 1410 AM April 21, 2012 – Pittsburgh, PA
Implied Covenants Under Pennsylvania Law
2012 NARO PA Convention
March 23, 2012 – State College, PA
Basics of Oil/Gas Leasing
Fundamentals of Oil/Gas Law – Pennsylvania Bar Institute
March 14, 2012 – Pittsburgh, PA
March 9, 2012 – Mechanicsburg, PA
Implied Covenants
Best of the Oil and Gas Law Colloquium – Pennsylvania Bar Institute
January 18, 2012 – Pittsburgh, PA
Implied Covenants
3rd Annual Oil and Gas Law Colloquium – Pennsylvania Bar Institute
September 21, 2011 – Pittsburgh, PA
