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Last week, the President issued an Executive Order entitled
"Supporting Safe and Responsible Development of Unconventional
Domestic Natural Gas Resources." The Order directs several
agencies to coordinate towards achieving "safe and responsible
development of unconventional domestic natural gas resources and
associated infrastructure." While the Order is broad based in
terms of its objectives and natural resource concerns, it is widely
acknowledged to have a focus on the process of fracking for
extracting natural gas from shale that was unreachable under
earlier technologies. Currently, the state governments are
primarily responsible for overseeing the exploration and production
of natural gas. However, the Order is intended to accelerate the
federal government's new role in setting "public health
and environmental standards to implement Federal law and augment
State safeguards" in the industry.
In particular, this Order directs interagency coordination by
establishing a multi-agency working group to coordinate the
Administration's policies and efforts concerning natural gas
development in the United Sates. The Group is directed to ensure
interagency cooperation, to share scientific, environmental,
technical and economic information, and to address long-term
planning concerning research, resource assessment, and
infrastructure development.
If you are a financial, technical, or industry stakeholder
involved on any level of fracking and you would like more
information on federal regulatory requirements or actions or state
regulations, please contact Vincent DeVito
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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In a recent and much anticipated decision by both natural gas producers and landowners, the Pennsylvania Supreme Court finally cleared up confusion about who owns the mineral rights to shale gas in Butler v. Powers Estate.
Natural gas producers and landowners alike breathed a sigh of relief on April 24, 2013 as the Pennsylvania Supreme Court (the "Supreme Court" or "Court") overturned a lower court decision that questioned whether subsurface ownership rights of natural gas in shale formations should be treated differently than ownership rights of natural gas in conventional formations.
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