February 3, 2014
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In This Issue
L&S Opens Pittsburgh Office
Facts on Marcellus Shale
Quotable Quote
Act 13 Decision
Proposed Surface Regs
Save the Date!

Lindhome & Songster launches 
Pittsburgh-area Office
 
Lindhome & Songster is proud to announce the opening of a satellite office in Cranberry.

The new office is located north of Pittsburgh, at 2009 Mackenzie Way, Suite 100, in Cranberry Township.

It is with great excitement and energy that we open our Pittsburgh office, moving forward our commitment to our Pittsburgh area-based clients. We are excited about the future and our opportunities in Pittsburgh.

Facts on Marcellus Shale

Quotable Quote:

 

"An investment in knowledge pays the best interest."

- Benjamin Franklin 
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Greetings!


Thanks for taking the time to read our latest Update.  Our goal is to keep you current on legal issues facing our industry.  If there is an oil and gas law topic you would like to see addressed, please let us know!

Think Spring!

Pa. Supreme Court Strikes Down Oil & Gas Act Provisions  

  

On Dec. 19 the Pennsylvania Supreme Court struck down key provisions of Act 13, the 2012 comprehensive update to the former Oil and Gas Act. (Robinson Twp. v. Commw. of Penna., No. 63 MAP 2012) 

 

The decision is a blow to a law aimed at creating a uniform statewide standard for gas development.

 

By a 4-2 vote the court deemed unconstitutional a uniform state-wide zoning scheme for oil and gas development.  The ruling hands back to municipalities the right to enforce or change zoning laws regarding drilling.  In doing so, the court made vulnerable rural townships that lack any type of zoning ordinances.

 

Another of the sections deemed unconstitutional, Section 3215(b)(4), provides for setbacks from waters of the Commonwealth. DEP and well permit applicants now have no defined setbacks from surface waters or wetlands under Act 13 or any other statute.  Gov. Corbett has urged drillers to continue to honor the setbacks.


Two state agencies (DEP and PUC) have since filed a motion asking the Court to reconsider its decision.  

Comment Period Extended on Proposed Regs for Surface Activities   

   

The Pennsylvania Department of Environmental Protection (DEP) recently extended a 60-day public comment period on proposed regulations regarding surface activities related to oil and gas well development. The regulations would be added to Act 13, the state's omnibus Marcellus Shale law.

The proposed regulations address operations near parks and wildlife areas; the prevention of spills; the management of waste; and the restoration of well sites after drilling.

 

Additionally, the draft rulemaking also includes standards affecting the construction of gathering lines and temporary pipelines, and includes provisions for identifying and monitoring abandoned wells close to proposed well sites.

 

Of particular concern to industry is the financial impact on smaller "conventional" producers.   

 

The comment period ends March 14. Comments may be submitted electronically to RegComments@pa.gov.

Save the Date:  L&S Cocktail during NAPE East     

  

We hope you'll join us on April 10 from 5:30 to 7:30  at Eleven, just steps from the David L. Lawrence Convention Center at 1150 Smallman Street, in downtown Pittsburgh.