Pa. Appellate Court Reinstates Suit Seeking Share of Marcellus Shale Gas

HARRISBURG, PA. - A Pennsylvania appeals court has reinstated a claim by one group of heirs for an interest in Marcellus shale gas deposits beneath 244 acres of land in central Pennsylvania, saying that long-standing case law distinguishing gas and oil from "minerals" doesn't settle the issue. Butler, et ux. v. Charles Powers Estate, et al., No. 1795 MDA 2010 (Pa. Super. Ct.).

The Pennsylvania Superior Court on Sept. 7 reversed an order denying a declaratory judgment sought by William H. and Craig L. Pritchard, who are relying on an 1881 deed written by their ancestor in pursuing a claim …