The Supreme Court of Pennsylvania in Butler Affirms the Long-Standing Dunham Rule and Brings Certainty to Marcellus Shale Natural Gas Rights

April 26, 2013

The Supreme Court of Pennsylvania in Butler v. Charles Powers Estate1 unanimously reversed the ruling of the Superior Court which held that an evidentiary hearing “complete with expert, scientific testimony” is necessary to determine whether Marcellus Shale is considered a ‘mineral’ under Pennsylvania law. In reversing the Superior Court on April 24, 2013, the Court reiterated the continued applicability of the “Dunham Rule,” which provides that a reservation of “minerals” does not presumptively include “natural gas.”

Read “The Supreme Court of Pennsylvania in Butler Affirms the Long-Standing Dunham Rule and Brings Certainty to Marcellus Shale Natural Gas Rights.”