April is National Safe Digging Month, reminding all contractors and homeowners to call 811 at least three business days before starting a digging project to ensure that all underground utility lines are properly marked and precautions are taken to ensure safety and damage prevention. Whether you are in Pennsylvania or another state, 811 is the nationally recognized number for reporting your planned digging project. According to Pennsylvania 811, "every six minutes an underground utility line is damaged because someone decided to dig without first dialing 8-1-1." Hitting a single utility line can cause severe bodily injury as well as repair costs and power outages. So whether you're planning to simply install a new fence or you're about to begin a major public construction project, Call Before You Dig!
In Commonwealth v. Seneca Resources Corporation, 2014 LEXIS 608 (Pa. Commw. Ct., October 6, 2014), the Commonwealth Court of Pennsylvania revisited the Pennsylvania Gaming Commission's ("Commission") complaint that alleged that although Seneca Resources Corporation ("Seneca") possessed the rights to oil and gas under certain parcels of land owned by the Commission, the language in one of the deeds gave permission to Seneca to extract oil and gas only using methods that existed in 1928. In its January 2014 opinion the Commonwealth Court resolved some issues from the complaint but continued the case on the sole issue of whether Seneca's hydraulic fracturing extraction methods were restricted by the language of the 1928 deed.
In Gorsline, et al. v. Board of Supervisors of Fairfield Township et al., No. 14-000130 (Lycoming Co. C.P., August 29, 2014), certain individuals appealed the decision of the Fairfield Township Board of Supervisors ("Fairfield") to grant a conditional use application to Inflection Energy, LLC ("Inflection") for the construction of an oil and gas well pad on private property located in a residential - agricultural zoned district.
Co-authored by Alan S. Miller.
In Commonwealth v. Seneca Resources Corporation, 2014 Pa. Commw. LEXIS 76 (January 27, 2014), the Commonwealth Court of Pennsylvania held that language in a deed from 1928 may restrict the owner of oil and gas rights to oil and gas extraction methods that were in existence at the time of the deed.