Norton Rose Fulbright | USA | 3 Apr 2017
Pennsylvania's environmental regulator recently addressed a potential link between a string of small local earthquakes and hydraulic fracturing in the Utica Shale. The state's Department of Environmental Protection stated that there was "a marked temporal/spatial relationship" between the microseismic events and fracking operations. It recommended that the owner change its method of......
Norton Rose Fulbright | USA | 6 Feb 2017
A Pennsylvania appellate court recently ruled that ongoing penalties are impermissible for a single waterway leak from fracking activities under the state's Clean Streams Law. The Pennsylvania Department of Environmental Protection argued that the law permitted larger, ongoing penalties for each day that the contamination remains in state waters; however, the court found that the law......
Mendes & Mount LLP | USA | 12 Apr 2016
In JH France v Allstate the Pennsylvania Supreme Court concluded that when multiple policies are triggered and are potentially liable for losses which occurred over many years, the insured can choose which policies have to respond to make payment of those losses. JH France became the leading case for the implementation of pick-and-choose all-sums allocation, with significant implications for......
Faegre Baker Daniels LLP | USA | 6 Jul 2010
Several individual and putative state and nationwide class actions have been filed by franchisees against their franchisor, and in each case the courts enforced or denied enforcement of the class action bar for different reasons. While the disparity in the opinions in these cases may raise some eyebrows, it is the disparity in their analysis that is perhaps most startling.
Norton Rose Fulbright | USA | 20 Jul 2009
The battle over post-production costs rages on. Marcellus Shale mineral rights owners have brought a series of lawsuits claiming that the company-drafted leases they signed violate the Pennsylvania minimum royalty statute. Meanwhile, a federal district court has held that the plain language of the statute does not permit the deduction of post-production costs.