American Oil & Gas Reporter - December 2011 - 158

operations in other states have not been subjected to such a requirement.” The standards requiring blowout preventers, including annular and ram preventers for the intermediate drilling phase, are unnecessarily restrictive and will exclude drilling rigs lacking that equipment, the association continues. Considering the vast quantity of wells drilled with such rigs in West Virginia that have not proven to be safety concerns, the association suggests DEP apply BOP requirements only to rigs involved in the bottom and horizontal well bore drilling phases. “Significantly, the drilling rigs used at many West Virginia horizontal well operations for the ‘top hole’ portion of the well–i.e., the vertical portion–are the same types of rigs that historically have been used for shallow well drilling activities, and typically are not equipped with the BOP equipment required by this stan-

dard,” IOGAWV points out. The comments question several more aspects of the standards’ stance toward BOP use, including a number of requests for further clarification or specifics. However, the association also expresses doubt about DEP’s position that BOPs should be tested weekly for function and pressure, as well as after each bit trip. IOGAWV recommends that such monitoring would be carried out better at installation and every 21 days thereafter. The association also offers suggestions regarding the standards’ approach to well flaring, notification and protection zones, and hydrogen sulfide. Regarding the last matter, the association suggests that an H2S standard appears irrelevant for Marcellus wells. “We are not aware of any incidences of significant H2S releases associated with these operations,” the comments remark. “If it is true that this risk

is very low, the requirement for monitoring and detection equipment cannot be justified.” As with the casing and cementing standards, IOGAWV emphasizes that according to the State Administrative Procedures Act, though the standards can be treated as official policy at the DEP’s Office of Oil and Gas, they must be understood as not legally binding. The association says it backs the department’s decision to implement the practices “as general guidelines rather than through rule making, recognizing that this approach provides the agency with the flexibility necessary to develop general best practices in a swiftly evolving industry sector. By the same token, however, we caution DEP against any blanket application (of the standards), which must be applied as general guidelines governing operator best practices . . . on a case-by-case basis.” r

Marcellus Leases Rest On Court Ruling
WEXFORD, PA.–A ruling by the Pennsylvania Superior Court in a case contesting ownership of the Marcellus Shale has the potential to upend almost 130 years of settled oil and gas case law and call countless leases into question, says the Pennsylvania Independent Oil & Gas Association. PIOGA has formally asked the Pennsylvania Supreme Court to take the case, highlighting what the association says it believes is the key issue the court should address and warning of the consequences of allowing the Superior Court’s interpretation to stand. “The uncertainty, if not addressed by this court, threatens to disrupt natural gas development in Pennsylvania by destabilizing what were thought to be settled property rights (and) spawning vast amounts of corresponding litigation,” PIOGA wrote in its amicus statement to the Supreme Court. The case, Butler v. Charles Powers Estate, resulted from a dispute between John and Mary Butler, who own the surface of a 244-acre property in Susquehanna County, Pa., and a portion of the subsurface rights; and the heirs of Charles Powers, who own a one-half interest in the minerals and petroleum oil beneath the property, PIOGA reports. Powers’ heirs claim their mineral ownership includes one-half interest in the Marcellus Shale and the gas it contains. The Susquehanna County Court of Common Pleas dismissed the heirs’ claim at an early stage in the litigation. However, the Superior Court reversed that decision on appeal and sent the case back to the trial court to consider whether the Marcellus Shale was a “mineral,” PIOGA says. In raising that question, PIOGA contends, the Superior Court mistakenly applied a 1983 ruling involving the ownership of coal and coalbed methane to a longstanding precept known as the Dunham Rule, which governs who owns oil and gas in the state. PIOGA explains that the Dunham Rule stems from an 1882 Pennsylvania Supreme Court ruling, Dunham v. Kirkpatrick, in which the court determined that mineral rights did not include rights to crude oil unless specifically stated in the contract. In its 1960 Highland v. Commonwealth decision, the court affirmed Dunham as a rule of Pennsylvania property law and further ruled that rights to natural gas were separate from oil and minerals. Taken together, PIOGA says, the decisions became known as the Dunham Rule and simply mean that minerals, oil and gas are all separate ownership rights. Most oil and gas leases in the state, including Marcellus Shale leases, are based on the Dunham rule, the association says it believes. Hoge Exception The one significant exception to the Dunham Rule came in the Pennsylvania Supreme Court’s 1983 decision in U.S. Steel Corp. v. Hoge, a dispute between the owner of coal rights and the owner of gas rights, PIOGA continues. In Hoge, the court found that the coal owner also owned the coalbed methane. In Hoge, PIOGA says, the court held that “subterranean gas is owned by whoever has title to the property in which the gas is resting.” Coalbed methane is contained within the coal and unconventional methods must be used to extract the gas, the court noted. Additionally, PIOGA says, the court cited the historical opinion that coalbed gas was seen as an uneconomical, hazardous waste product associated with extracting coal. The Pennsylvania Superior Court, in its September 2011 Butler ruling, said that not enough evidence had been presented in the trial court to determine whether the Marcellus Shale was a “mineral,” whether gas contained in the shale was like other natural gas and should follow the Dunham Rule, or if Marcellus Shale gas fell within the Hoge exception, as does coalbed methane, when determining ownership, PIOGA reports. The Butlers have asked the Pennsylvania Supreme Court to take the appeal rather than have the case return to the county court. Essentially, PIOGA says, the Butlers want the court to confirm that the Marcellus Shale is not by definition a mineral. The Powers heirs filed a response, opposing Supreme Court consideration of the matter, pointing out that the issue they presented at the trial court was whether “natural gas is a mineral.” Reaffirm Dunham PIOGA’s amicus statement filed with the Supreme Court requests that the high court accept the appeal, but argues that the matter can be resolved simply by reaffirming the long-standing Dunham and Highland rulings regarding ownership of oil, gas and minerals, and by clarifying that the Hoge ruling has no applicability to the Dunham Rule.

158 THE AMERICAN OIL & GAS REPORTER



Table of Contents for the Digital Edition of American Oil & Gas Reporter - December 2011

American Oil and Gas Reporter 12/11
Contents
Reports
Calendar
Oil & Gas Counts
State Legislative
Industry Digest
Tech Connections
Washington Watch
Keystone XL
Liaison Committee
Shale Gas Subcommittee
Endangered Species
Midstream Startups Emerging to Meet Booming Demand
Liquids Resource Plays Have Oil Production Rising Again
Organizers Anticipating Big Things for 2012 PBIOS
Cover Story
R&D Areas Key to Improving Fracturing
Natural Gas Offers Solutions as Transportation Fuel
Completion Design, Frac Modeling Optimize Eagle Ford Wells
Novel Drill-In Fluid Excels in Horizontal ERD Wells
Technologies Optimize Sand Control
Operators Must Manage Risk Before, During and After Drilling
OCS Access: BOEM Offers Business-as-Usual OCS Leasing Plan
Court Finds for Insurers in Gulf Spill Ruling
OIPA
Clean Air Act
IOGA NY
COGA
IPAA Annual
Louisiana
West Virginia
Pennsylvania
Texas
The American Well Servicing Directory, Winter 2011
Industry Focus
Classified Advertising
Advertisers Index
American Oil & Gas Reporter - December 2011 - American Oil and Gas Reporter 12/11
American Oil & Gas Reporter - December 2011 - Cover2
American Oil & Gas Reporter - December 2011 - Contents
American Oil & Gas Reporter - December 2011 - Reports
American Oil & Gas Reporter - December 2011 - 5
American Oil & Gas Reporter - December 2011 - 6
American Oil & Gas Reporter - December 2011 - 7
American Oil & Gas Reporter - December 2011 - Calendar
American Oil & Gas Reporter - December 2011 - 9
American Oil & Gas Reporter - December 2011 - 10
American Oil & Gas Reporter - December 2011 - 11
American Oil & Gas Reporter - December 2011 - Oil & Gas Counts
American Oil & Gas Reporter - December 2011 - 13
American Oil & Gas Reporter - December 2011 - Industry Digest
American Oil & Gas Reporter - December 2011 - 15
American Oil & Gas Reporter - December 2011 - 16
American Oil & Gas Reporter - December 2011 - 17
American Oil & Gas Reporter - December 2011 - 18
American Oil & Gas Reporter - December 2011 - 19
American Oil & Gas Reporter - December 2011 - 20
American Oil & Gas Reporter - December 2011 - 21
American Oil & Gas Reporter - December 2011 - 22
American Oil & Gas Reporter - December 2011 - 23
American Oil & Gas Reporter - December 2011 - 24
American Oil & Gas Reporter - December 2011 - 25
American Oil & Gas Reporter - December 2011 - 26
American Oil & Gas Reporter - December 2011 - 27
American Oil & Gas Reporter - December 2011 - 28
American Oil & Gas Reporter - December 2011 - Tech Connections
American Oil & Gas Reporter - December 2011 - 30
American Oil & Gas Reporter - December 2011 - Washington Watch
American Oil & Gas Reporter - December 2011 - Keystone XL
American Oil & Gas Reporter - December 2011 - 33
American Oil & Gas Reporter - December 2011 - Liaison Committee
American Oil & Gas Reporter - December 2011 - 35
American Oil & Gas Reporter - December 2011 - 36
American Oil & Gas Reporter - December 2011 - 37
American Oil & Gas Reporter - December 2011 - Shale Gas Subcommittee
American Oil & Gas Reporter - December 2011 - 39
American Oil & Gas Reporter - December 2011 - Endangered Species
American Oil & Gas Reporter - December 2011 - 41
American Oil & Gas Reporter - December 2011 - Midstream Startups Emerging to Meet Booming Demand
American Oil & Gas Reporter - December 2011 - 43
American Oil & Gas Reporter - December 2011 - 44
American Oil & Gas Reporter - December 2011 - 45
American Oil & Gas Reporter - December 2011 - 46
American Oil & Gas Reporter - December 2011 - 47
American Oil & Gas Reporter - December 2011 - 48
American Oil & Gas Reporter - December 2011 - 49
American Oil & Gas Reporter - December 2011 - 50
American Oil & Gas Reporter - December 2011 - 51
American Oil & Gas Reporter - December 2011 - 52
American Oil & Gas Reporter - December 2011 - 53
American Oil & Gas Reporter - December 2011 - 54
American Oil & Gas Reporter - December 2011 - 55
American Oil & Gas Reporter - December 2011 - 56
American Oil & Gas Reporter - December 2011 - 57
American Oil & Gas Reporter - December 2011 - Liquids Resource Plays Have Oil Production Rising Again
American Oil & Gas Reporter - December 2011 - 59
American Oil & Gas Reporter - December 2011 - 60
American Oil & Gas Reporter - December 2011 - 61
American Oil & Gas Reporter - December 2011 - 62
American Oil & Gas Reporter - December 2011 - 63
American Oil & Gas Reporter - December 2011 - 64
American Oil & Gas Reporter - December 2011 - 65
American Oil & Gas Reporter - December 2011 - 66
American Oil & Gas Reporter - December 2011 - 67
American Oil & Gas Reporter - December 2011 - 68
American Oil & Gas Reporter - December 2011 - 69
American Oil & Gas Reporter - December 2011 - 70
American Oil & Gas Reporter - December 2011 - 71
American Oil & Gas Reporter - December 2011 - 72
American Oil & Gas Reporter - December 2011 - Organizers Anticipating Big Things for 2012 PBIOS
American Oil & Gas Reporter - December 2011 - Cover Story
American Oil & Gas Reporter - December 2011 - 75
American Oil & Gas Reporter - December 2011 - 76
American Oil & Gas Reporter - December 2011 - 77
American Oil & Gas Reporter - December 2011 - 78
American Oil & Gas Reporter - December 2011 - 79
American Oil & Gas Reporter - December 2011 - 80
American Oil & Gas Reporter - December 2011 - 81
American Oil & Gas Reporter - December 2011 - 82
American Oil & Gas Reporter - December 2011 - R&D Areas Key to Improving Fracturing
American Oil & Gas Reporter - December 2011 - 84
American Oil & Gas Reporter - December 2011 - 85
American Oil & Gas Reporter - December 2011 - 86
American Oil & Gas Reporter - December 2011 - 87
American Oil & Gas Reporter - December 2011 - 88
American Oil & Gas Reporter - December 2011 - 89
American Oil & Gas Reporter - December 2011 - 90
American Oil & Gas Reporter - December 2011 - Natural Gas Offers Solutions as Transportation Fuel
American Oil & Gas Reporter - December 2011 - 92
American Oil & Gas Reporter - December 2011 - 93
American Oil & Gas Reporter - December 2011 - 94
American Oil & Gas Reporter - December 2011 - 95
American Oil & Gas Reporter - December 2011 - Completion Design, Frac Modeling Optimize Eagle Ford Wells
American Oil & Gas Reporter - December 2011 - 97
American Oil & Gas Reporter - December 2011 - 98
American Oil & Gas Reporter - December 2011 - 99
American Oil & Gas Reporter - December 2011 - 100
American Oil & Gas Reporter - December 2011 - 101
American Oil & Gas Reporter - December 2011 - 102
American Oil & Gas Reporter - December 2011 - 103
American Oil & Gas Reporter - December 2011 - 104
American Oil & Gas Reporter - December 2011 - 105
American Oil & Gas Reporter - December 2011 - 106
American Oil & Gas Reporter - December 2011 - 107
American Oil & Gas Reporter - December 2011 - 108
American Oil & Gas Reporter - December 2011 - 109
American Oil & Gas Reporter - December 2011 - 110
American Oil & Gas Reporter - December 2011 - Novel Drill-In Fluid Excels in Horizontal ERD Wells
American Oil & Gas Reporter - December 2011 - 112
American Oil & Gas Reporter - December 2011 - 113
American Oil & Gas Reporter - December 2011 - 114
American Oil & Gas Reporter - December 2011 - 115
American Oil & Gas Reporter - December 2011 - 116
American Oil & Gas Reporter - December 2011 - Technologies Optimize Sand Control
American Oil & Gas Reporter - December 2011 - 118
American Oil & Gas Reporter - December 2011 - 119
American Oil & Gas Reporter - December 2011 - 120
American Oil & Gas Reporter - December 2011 - 121
American Oil & Gas Reporter - December 2011 - Operators Must Manage Risk Before, During and After Drilling
American Oil & Gas Reporter - December 2011 - 123
American Oil & Gas Reporter - December 2011 - 124
American Oil & Gas Reporter - December 2011 - 125
American Oil & Gas Reporter - December 2011 - 126
American Oil & Gas Reporter - December 2011 - 127
American Oil & Gas Reporter - December 2011 - 128
American Oil & Gas Reporter - December 2011 - OCS Access: BOEM Offers Business-as-Usual OCS Leasing Plan
American Oil & Gas Reporter - December 2011 - Court Finds for Insurers in Gulf Spill Ruling
American Oil & Gas Reporter - December 2011 - 131
American Oil & Gas Reporter - December 2011 - 132
American Oil & Gas Reporter - December 2011 - OIPA
American Oil & Gas Reporter - December 2011 - 134
American Oil & Gas Reporter - December 2011 - 135
American Oil & Gas Reporter - December 2011 - Clean Air Act
American Oil & Gas Reporter - December 2011 - 137
American Oil & Gas Reporter - December 2011 - IOGA NY
American Oil & Gas Reporter - December 2011 - 139
American Oil & Gas Reporter - December 2011 - 140
American Oil & Gas Reporter - December 2011 - 141
American Oil & Gas Reporter - December 2011 - 142
American Oil & Gas Reporter - December 2011 - 143
American Oil & Gas Reporter - December 2011 - COGA
American Oil & Gas Reporter - December 2011 - 145
American Oil & Gas Reporter - December 2011 - 146
American Oil & Gas Reporter - December 2011 - IPAA Annual
American Oil & Gas Reporter - December 2011 - 148
American Oil & Gas Reporter - December 2011 - 149
American Oil & Gas Reporter - December 2011 - 150
American Oil & Gas Reporter - December 2011 - 151
American Oil & Gas Reporter - December 2011 - Louisiana
American Oil & Gas Reporter - December 2011 - 153
American Oil & Gas Reporter - December 2011 - 154
American Oil & Gas Reporter - December 2011 - 155
American Oil & Gas Reporter - December 2011 - West Virginia
American Oil & Gas Reporter - December 2011 - 157
American Oil & Gas Reporter - December 2011 - Pennsylvania
American Oil & Gas Reporter - December 2011 - Texas
American Oil & Gas Reporter - December 2011 - 160
American Oil & Gas Reporter - December 2011 - The American Well Servicing Directory, Winter 2011
American Oil & Gas Reporter - December 2011 - 162
American Oil & Gas Reporter - December 2011 - 163
American Oil & Gas Reporter - December 2011 - 164
American Oil & Gas Reporter - December 2011 - 165
American Oil & Gas Reporter - December 2011 - 166
American Oil & Gas Reporter - December 2011 - 167
American Oil & Gas Reporter - December 2011 - 168
American Oil & Gas Reporter - December 2011 - 169
American Oil & Gas Reporter - December 2011 - 170
American Oil & Gas Reporter - December 2011 - 171
American Oil & Gas Reporter - December 2011 - 172
American Oil & Gas Reporter - December 2011 - 173
American Oil & Gas Reporter - December 2011 - 174
American Oil & Gas Reporter - December 2011 - 175
American Oil & Gas Reporter - December 2011 - 176
American Oil & Gas Reporter - December 2011 - 177
American Oil & Gas Reporter - December 2011 - 178
American Oil & Gas Reporter - December 2011 - 179
American Oil & Gas Reporter - December 2011 - 180
American Oil & Gas Reporter - December 2011 - 181
American Oil & Gas Reporter - December 2011 - 182
American Oil & Gas Reporter - December 2011 - 183
American Oil & Gas Reporter - December 2011 - 184
American Oil & Gas Reporter - December 2011 - 185
American Oil & Gas Reporter - December 2011 - Industry Focus
American Oil & Gas Reporter - December 2011 - 187
American Oil & Gas Reporter - December 2011 - 188
American Oil & Gas Reporter - December 2011 - 189
American Oil & Gas Reporter - December 2011 - 190
American Oil & Gas Reporter - December 2011 - 191
American Oil & Gas Reporter - December 2011 - Classified Advertising
American Oil & Gas Reporter - December 2011 - 193
American Oil & Gas Reporter - December 2011 - Advertisers Index
American Oil & Gas Reporter - December 2011 - Cover3
American Oil & Gas Reporter - December 2011 - Cover4
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