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Publication Date: 2024-01-22
Practice Area: Tax
Industry: Mining and Resources
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 347 C.D. 2022
Department of Labor and Industry had sufficient evidence to determine a de facto merger occurred between defunct company that owed unemployment compensation taxes and new entity that purchased the defunct company's assets, including the similarity in the entities' names and the continuity of their ownership/management. Order of the Department of Labor and Industry affirmed.
Publication Date: 2023-12-18
Practice Area: Bankruptcy
Industry: Energy | Mining and Resources
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Porter
Attorneys: For plaintiff: George A. Barton, Barton and Burrows LLC, Mission, KS for appellants.
for defendant: Duston K. McFaul, Maegan Quejada, Sidley Austin LLP, Houston, TX; Robert S. Velevis, Sidley Austin LLP, Dallas, TX; Robert S. Brady, Edmon L. Morton, Kenneth J. Enos, Joseph M. Mulvihill, Young Conaway Stargatt & Taylor LLP. Wilmington, Delaware; Ana Alfonso, Willkie Farr & Gallagher LLP, New York, NY; John H. Knight, Amanda R. Steele, Richards Layton & Finger, Wilmington, DE for appellees.
Case Number: 22-1729
Wrongfully retained mineral royalties were not part of a debtor's estate where applicable state law granted lessors a property interest proceeds, meaning debtor had no equitable interest in the funds.
Publication Date: 2023-11-20
Practice Area: Real Estate
Industry: Mining and Resources | Real Estate | State and Local Government
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: CV 90-01,896
The court denied defendant Lycoming County's preliminary objections to intervenor's complaint, denied intervenor's complaint as moot and ordered Lycoming County to file an answer to intervenor's complaint in this action involving competing claims to subsurface rights.
Publication Date: 2023-06-05
Practice Area: Labor Law
Industry: Energy | Mining and Resources
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 70121 of 2022, M.D.
Court granted appellee's motion to quash the appeal of defendant, a non-party appellant.
Publication Date: 2023-05-29
Practice Area: Land Use and Planning
Industry: Mining and Resources | State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 70122 of 2021, MD
Appellant appealed the denial of its application for a conditional use permit to conduct surface mining operations on leased property. The court reversed appellee borough council's decision denying the conditional use permit application.
Law Journal Press | Digital Book
Authors: Gary L. Brown
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Publication Date: 2023-05-15
Practice Area: Administrative Law
Industry: Energy | Mining and Resources | State and Local Government
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 69 MAP 2021
Legislature conferred authority upon environmental regulatory agencies to define what constituted "public resources" in the context of approval of unconventional gas well applications. Order of the commonwealth court reversed.
Publication Date: 2023-04-10
Practice Area: Energy and Natural Resources
Industry: Mining and Resources
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Baxter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-154 Erie
Defendant moved to dismiss plaintiffs' claims for declaratory judgment, breach of contract, trespass, and related relief where plaintiffs alleged defendant defaulted under its oil and gas lease associated with their property. District court denied the motion in part and granted it in part.
Publication Date: 2023-01-09
Practice Area: Environmental Law
Industry: Mining and Resources | State and Local Government
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 78 MAP 2021
Commonwealth court erred in overturning Environmental Hearing Board's rescission of mining permits by relying on sua sponte issues not raised on appeal by the parties. Order of the commonwealth court vacated, case remanded.
Publication Date: 2022-10-24
Practice Area: Land Use and Planning
Industry: Mining and Resources | State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 70122 of 2021, MD
The court overturned the decision of a borough to deny a permit request for conditional non-coal surface mining finding the zoning board failed to meet their burden of proof to demonstrate that the permit sought was not consistent with the promotion of the public's health, safety, and public welfare.
Publication Date: 2022-09-12
Practice Area: Public Utilities
Industry: Mining and Resources | State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1028
Plaintiff small water company and Aqua Pennsylvania water company challenged PUC order directing the sale of plaintiff to Aqua and ordering Middlesex Water Company to place $1.6 million into an escrow fund and court affirmed PUC's order because PUC had statutory authority to order the escrow and grant plaintiff's §529 petition. Affirmed.
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