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On July 22, 2011, Pennsylvania Governor Tom Corbett’s Marcellus Shale Advisory Commission in Harrisburg, Pa. forwarded to the Governor several recommendations to allow Pennsylvania to develop a comprehensive, strategic proposal for the responsible and environmentally sound development of the Marcellus Shale. Back in March 2011, the Governor created the Commission to address changes to the laws and rules for gas drilling in Pennsylvania ...

Is the Marcellus shale that underlies a significant part of western and central Pennsylvania itself a “mineral”? Is Marcellus shale gas the type of natural gas contemplated in prior Pennsylvania case law, or something different? Is the Marcellus shale similar to coal, so that whoever owns the shale owns the gas that is embedded in that shale? In reversing and remanding the decision by the Susquehanna County Court of Common Pleas, a three judge panel of the P

In a somewhat surprising turn of events in the question of potential Pennsylvania Public Utility Commission ("Pa. PUC" or "Commission") regulation over midstream Marcellus Shale development entities, on September 8, 2011, Laser Northeast Gathering Company, LLC ("Laser") petitioned the Pa. PUC to withdraw its pending application for Certificate of Public Convenience to act as Public Utility ...

Activists opposed to natural gas drilling are taking a unique approach in an attempt to ban hydraulic fracturing in Peters Township, which is located in Washington County, Pennsylvania. The Peters Township Marcellus Shale Awareness group is attempting to have township residents vote on a referendum that amends the home rule charter to ban hydraulic fracturing ...

As leases are negotiated, permits are filed and shales are fractured across America, energy companies encounter the public. Some of these interactions are direct, while others are through the actions of a contracted service provider or partner. Still, the vast majority of first impressions will be presented to the public through the lens of the media, whether traditional or social ...

Despite complying with conditions attached to planning permission for an onshore wind farm development, developers, landowners and operators may find themselves defending an action for nuisance if the noise from the wind turbines unreasonably interferes with the use of another's land ...

Lawson Lundell LLP | October 2011

Canada is uniquely positioned to provide an abundance of secure and reliable energy. With conventional oil supply declining, the need for unconventional resources, like oil sands and shale gas, will increase. Alberta and British Columbia, Canada’s two western-most provinces, house the vast majority of Canada’s oil and natural gas deposits, making both provinces key players in the push to develop resources sufficient to meet growing energy demand in North America and beyond ...

Lawson Lundell LLP | November 2011

Mining companies investing for the first time in Canada’s North may find the experience unlike any other. This holds true not only for foreign corporations, but also for companies familiar with mining in the Canadian south. This article provides an orientation around some of these unique challenges. Aboriginal groups and mining companies in the North – A multi-faceted relationship The relationship between Aboriginal groups and mining companies in Canada’s North has many facets ...

The cost of energy—particularly the cost of electricity—comprises a significant portion of the total cost of production for industrial and manufacturing companies ...

PLMJ | November 2011

I-  Major Innovation - The new framework Law on Crude Oil Refining, Storage, Transport, Distribution and Trade of Petroleum Products was approved (“LCOR”) was enacted by Law no. 28/11, of 1 September 2011. This law was preceded by the Strategy for liberalisation of the fuel sector and the schedule for its implementation set forth in 2009 by means of the Council of Ministers’ Resolution no. 105/09, of 19 November ...

PLMJ | November 2011

I.          Major Innovation- The recently approved new Mining Code was published by Law no. 31/11, of 23 September 2011 ...

On November 8, 2011, three municipalities in western Pennsylvania put direct democracy to the test with referendums that would essentially ban natural gas drilling in their communities. Two of the referendums were overwhelmingly defeated while one succeeded with overwhelming support ...

On November 15, 2011, the Pennsylvania Senate passed S.B. 1100, a fairly comprehensive legislative effort aimed at increasing governmental oversight of the development and production of Marcellus Shale resources ...

Lawson Lundell LLP | December 2011

On November 15, 2011, the Supreme Court of Yukon released its decision in Ross River Dena Council v. Government of Yukon, 2011 YKSC 84. 1 The case is important as it is the first court decision to consider the issue of whether the Government of Yukon has a duty to consult with First Nations when recording quartz mineral claims under the Quartz Mining Act (the “Act”) ...

There has been considerable activity at the state and federal level over the past few months regarding when companies must “aggregate” emissions from operations to determine whether they are subject to the more stringent “major source” permitting requirements under the New Source Review (“NSR”) and Title V provisions of the Clean Air Act (“CAA”) ...

On December 10, 2011, West Virginia Governor Earl Ray Tomblin issued a proclamation calling for a special session of the Legislature for the purpose of considering and acting upon legislation regarding horizontal natural gas well operations. The bill presented by the governor (SB 4001; HB 401) drew heavily from the draft legislation developed by the Joint Select Committee on Marcellus Shale ...

Lawson Lundell LLP | January 2012

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2011 saw steady increases of production throughout the Marcellus Shale play, a heavy emphasis on strengthening and expanding pipeline infrastructure, and a boom in the level of activity in the Utica Shale play ...

Lavery Lawyers | January 2012

The Supreme Court of Canada confirms that only those modern practices that maintain a reasonable degree of continuity with the practices, customs or traditions that were integral to an Aboriginal group’s pre-contact dist inctive culture will be protected as an Aboriginal right under section 35 of the Constitution Act, 1982.  On November 10, 2011, in the case of Lax Kw’alaams Indian Band v ...

Beccar Varela | February 2012

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Asters | February 2012

On 6 February 2012 the Cabinet of Ministers of Ukraine amended its Resolutions No. 1297 and No. 1298, dated 30 November 2011 (the "PSA Resolutions"), which determine tender terms for conclusion of production sharing agreements ("PSA") on exploration and production of hydrocarbons, in particular non-conventional gas, in Oles'ka and Yuzivs'ka subsoil blocks. These amendments (the "Amendments") are apparently made to address some of the foreign investors' concerns ...

President Obama has renewed his proposal to cut over $40 billion in tax breaks for oil, gas and coal producers over the next decade in an attempt to spend more for alternate energy and conservation. The $3.8 trillion budget proposal represents a 29% increase in renewable energy funds in 2013, as compared to 2012 ...

On February 21, 2012, in Anshutz Exploration Corp. v. Town of Dryden, a New York court upheld a municipality’s effort to restrict production of oil and natural gas within city limits. The case arose from the Town of Dryden’s effort to ban horizontal-well fracking by amending a zoning ordinance to prohibit all activities related to exploration for, production and storage of oil and natural gas. Anshutz challenged Dryden’s ordinance, arguing that it was preempted by state law ...

The Energy Act 2011 deals with securing energy supplies and the regulation of renewable energy resources.  It also sets out the framework to facilitate the "Green Deal" to be launched, with the support of secondary legislation this coming Spring.  The Green Deal offers “no upfront cost” in respect of the installation of energy saving measures ...

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