Energy & Environmental

Services

expect

Energy & Environmental

Experience

Shale Gas Law

While Marcellus and Utica shale operations are relatively new in the Mid-Atlantic region, Spilman's oil and gas attorneys have been at the forefront of representing producers, service companies and investors in the oil and natural gas industries for more than 30 years. Some of our lawyers have worked as executives within oil and gas companies and draw upon their extensive practical knowledge of the day-to-day functions of businesses within these industries in advising Spilman’s clients.

We are licensed to practice in all areas of the Marcellus and Utica Shale plays, including in all Pennsylvania and West Virginia state and federal courts.

Spilman Thomas & Battle serves the following types of clients in a wide range of oil and gas legal matters:

Exploration and production companies
Midstream companies
Trade associations
Pipeline operators
Storage and distributors
Drilling contractors
Service companies
Public utilities
Commercial lenders

Our Oil & Gas Legal Services

Litigation

Spilman attorneys have experience defending clients’ interests across a broad range of matters in the oil and gas industry, including:

Oil and gas drilling rights disputes
Fracking ban disputes
Royalty and bonus payment disputes
Joint venture and co-ownership disputes
Real property disputes
Lease challenges
Breach of contracts
Federal and state regulatory disputes
Fraudulent mispresentation
Hazardous Site Cleanup Act violations
Negligence and private nuisance claims
Temporary easements
Torts to land disputes
Condemnation

Our Recent Legal Experience Includes:

Representing Texas-based gas producers and land companies in disputes over natural gas leases in Pennsylvania and West Virginia
Representing Marcellus and Utica Shale exploration and production companies in litigation in state and federal courts, including defending against claims for bonus and anniversary payments under oil and gas leases, defending declaratory judgment actions, and defending against claims attempting to repudiate leases
Representing exploration and production companies in quiet title and curative actions in Pennsylvania
Representing and advising companies involved in exploration and production in the Marcellus and Utica Shale, including providing advice on issues including operations, joint ventures, top leases, preferential rights, bonus and anniversary payments, exercising lease options, and rights-of-way for pipelines

Finance, Mergers and Acquisitions

Our attorneys understand the legal aspects of exploring for, producing, transporting, storing, marketing and processing natural gas petroleum products. In fact, one of our attorneys served as chief administrative and senior operations executive for a $100+ million Appalachian oil and gas production company.

Some of our recent experience includes:

Representing a large Pennsylvania-based gas producer in its acquisition of Marcellus Shale drilling rights on 40,000 acres of land in Pennsylvania and West Virginia
Representing a West Virginia-based producer in its $100 million equity financing for the development of Marcellus Shale properties
Providing day-to-day legal advice to gas producers on matters ranging from drilling partnerships and joint ventures to gas marketing, leasing and other similar commercial arrangements
Representing and advising companies involved in exploration and development in the Marcellus and Utica Shale, including providing advice regarding lease documents and on issues such as the exercise of lease options and rights-of-way for pipelines

Environmental Regulation

Our firm counsels clients across all environmental law matters and regularly deals with the Environmental Protection Agency, the U.S. Department of Justice, Pennsylvania and West Virginia Departments of Environmental Protection and regional bodies such as SRBC. We are active with industry coalitions (the Gas and Oil Association of West Virginia and the Pennsylvania Independent Oil & Gas Association) with respect to regulatory developments.

Real Estate/Land Use

Our real estate attorneys handle matters ranging from structuring large, multi-asset transactions for businesses to serving as counsel for multi-state transactions and managing local real estate matters for developers, lenders and individuals. Our capabilities include leasing, acquisition, land-use, real estate-related litigation, construction, and buying and selling natural resource companies and properties. We have significant experience with real estate throughout Pennsylvania and West Virginia.

Public Utility Law

Spilman's energy attorneys have extensive experience in representing and advising clients on matters related to state and federal regulation of utility industries, including natural gas, water and wastewater development and distribution. We are well-versed on the principles employed by public utility regulators on issues related to regulatory jurisdiction, standards of utility conduct, and the development and approval of utility rates. Our firm is well-placed to assist clients with a broad range of public utility matters, including navigation of regulatory rules and policies, formation of utility supply contracts, and general representation in regulatory commission proceedings. We have many years of experience representing clients before the Public Service Commission of West Virginia and the Pennsylvania Public Utility Commission.

Labor and Employment Law

Our firm’s Labor and Employment Practice Group, which is ranked nationally by U.S. News & World Report, consists of more than 25 lawyers and an extraordinary support staff. Whether it is counseling on complex issues, partnering to manage union relations, or defending employee claims and lawsuits, we have earned an exemplary reputation throughout the region. Our lawyers are well-versed in every specific federal, state and local employment law that affects the employment relationship.

Intellectual Property

Spilman intellectual property attorneys assist our clients as they develop technologies specifically related to Marcellus Shale, Utica Shale and other natural gas exploration and production. Specifically, we provide the following capabilities to the Marcellus Shale industry:

Infringement matters involving patent, trademark, copyright and trade secret law
Preparation and prosecution of patent and trademark applications
Evaluation of invention disclosures and new/proposed trademarks
Trademark clearance and risk assessment
Unfair competition and false advertising issues
Commercial IP issues relating to employment matters, commercial agreements, product development, and sales and marketing
Technology licensing, joint development agreements and confidentiality/nondisclosure agreements