Case Study: Butler V. Powers

Law360, New York (September 28, 2011, 2:07 PM EDT) -- An easy way to grab a headline these days is to implicate the Marcellus Shale in a controversy, whether real or not. Such is the case with the reporting on the Pennsylvania Superior Court’s recent decision Butler v. Charles Powers’ Estate, et al., 2011 Pa. Super. 198 (Pa.Super. Sept. 7, 2011).

The dispute in Butler centers on whether the Marcellus Shale and the natural gas contained therein constitutes a “mineral” under Pennsylvania real property law. The law in Pennsylvania for over 100 years has been that...
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