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ROYALTY ON SWEET GAS OR SOUR GAS? THE SUPREME COURT OF PENNSYLVANIA’S INTERPRETATION OF THE GUARANTEED MINIMUM ROYALTY ACT TO PERMIT GAS COMPANIES TO DEDUCT POST-PRODUCTION COSTS FROM ROYALTY PAYMENTS MADE TO LANDOWNERS: KILMER V. ELEXCO LAND SERVICES, INC.

BENJAMIN F. HANTZ The exponential growth in interest in Pennsylvania‘s Marcellus Shale deposits caused many landowners to challenge the validity of their leases under Pennsylvania‘s Guaranteed Minimum Royalty Act. The central issue in deciding whether the leases were valid was whether gas companies were permitted to deduct certain post-production costs […]

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FOREWORD

NANCY D. PERKINS, ESQ. For the past year or more, it has been virtually impossible for those of us who live in southwestern Pennsylvania to escape news stories about the Marcellus Shale, a vast formation that sprawls beneath parts of West Virginia, Ohio, New York, Maryland, and more than thirty […]

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THE KNOWN “UNKNOWNS” OF HYDRAULIC FRACTURING: A CASE FOR A TRADITIONAL SUBSURFACE TRESPASS REGIME IN PENNSYLVANIA

AARON STEMPLEWICZ In April 2008, Southwestern Energy, a Houston based drilling company, began natural gas drilling operations with a well in rural Susquehanna County, Pennsylvania. This well was drilled using a tech-nique called hydraulic fracturing, which is a method of drilling that increases production by fracturing, or cracking, rock formations […]

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TWO YEARS AFTER THE PENNSYLVANIA SUPREME COURT’S DECISION IN BELDEN & BLAKE CORP. V. COMMONWEALTH DEPARTMENT OF CONSERVATION & NATURAL RESOURCES: THE COMMONWEALTH’S STRUGGLE TO PROTECT STATE LANDS

GINA S. WARREN, ESQ. AND KRISTA M. BARON The Marcellus Shale is by far the largest natural gas shale play in the United States and the largest known shale deposit in the world. Located beneath a large part of the Appalachian basin, it extends north into upstate New York, south […]

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PRIVATE LOAN DOCUMENTS UNDER FEDERAL RESERVE EMERGENCY LENDING PROGRAMS ARE SUBJECT TO FULL PUBLIC DISCLOSURE BECAUSE THEY ARE NOT “PRIVILEGED OR CONFIDENTIAL” UNDER THE FREEDOM OF INFORMATION ACT’S EXEMPTION FOR TRADE SECRETS AND COMMERCIAL OR FINANCIAL INFORMATION: BLOOMBERG L.P. V. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM

PETER J. BISCONTINI The United States Court of Appeals for the Second Circuit affirmed decision of district court granting summary judgment in favor of news service on grounds that documents news service requested from Board of Governors of Federal Reserve System pertaining to loans made to private banks were not […]

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THE DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT: A MISSED OPPORTUNITY TO REIN IN TOO-BIG-TO-FAIL BANKS

BY CHRISTIAN EVANS The financial crisis of 2008 has been called the worst economic disaster since the Great Depression. In the 1930s, during the Great Depression, President Roosevelt looked to Congress to overhaul the financial sector. He wanted the regulatory loopholes that contributed to the crisis sealed off. In response, […]

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