Pa. Stance On Dunham Rule Confounds Pa. Mining Industry

Law360, New York (May 30, 2013, 1:52 PM EDT) -- The Pennsylvania Supreme Court’s recent ruling in Butler v. Charles Powers Estate confirms that Pennsylvania’s so-called Dunham Rule, which says that oil and gas are not “minerals” for private deed purposes, is alive and well. This means that thousands of titles to Marcellus shale gas will not be impacted by any change in the law.

At the same time, however, the decision raises the question of whether the court has gone too far and issued a ruling that will have an impact on the mining industry...
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