Latest Publications

• Lease Expiration and Lease Development
  • 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
• Royalties and Post-Production Costs
  • 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
• Pooling and Unitization
  • 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
  • North Dakota Supreme Court Rules That “Gross Proceeds” Means No Deductions07.11.2019
  • 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
• Surface Usage and Pipelines
  • West Virginia Supreme Court Rules That Horizontal Wells Cannot Be Drilled Into Adjacent Tracts Pursuant to 1901 Lease06.2019
  • 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