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Pennsylvania court raises questions about Marcellus shale gas ownership

11/07/2011
Mark Robeck Jeff McNabb Baker Botts Houston A recent decision by a Pennsylvania appellate court garnering much attention has raised questions concerning the ownership rights to natural gas in the Marcellus shale formation. On Sept. 7, 2011, the Superior Court of Pennsylvania, an intermediate court of appeals, reversed and remanded an order entered by the Court of Common Pleas of Susquehanna County. Butler vs. Charles Powers Estate, No. 1795 MDA 2010, --- A.3d ----, 2011 WL 3906897 (Pa. Super. Ct. Sept. 7, 2011). This article summarizes and analyzes the Butler court's decision. Factual and procedural background John E. Butler and Mary Butler are the owners in fee simple of a tract of land ...
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