Pennsylvania Supreme Court Upholds Existing Law on Marcellus Shale Natural Gas Rights — Marcellus Shale Gas is Presumptively Not a "Mineral"

On April 24, 2013, the Pennsylvania Supreme Court reached a decision affecting Marcellus shale natural gas rights and reaffirmed the “Dunham Rule.” In Butler v. Powers, No. 27 MAP 2012, the Court addressed the issue of whether the reservation of “one-half [of] the minerals and Petroleum Oils” contained in a deed from 1881 effectively reserved Marcellus shale gas. The Pennsylvania Supreme Court stated that it did not. Pennsylvania, unlike most states, does not include oil and natural gas in a reservation of “minerals.”

READ: Pennsylvania Supreme Court Upholds Existing Law on Marcellus Shale Natural Gas Rights—Marcellus Shale Gas is Presumptively Not a “Mineral”