Marcellus Shale

The Marcellus Shale natural gas development in Pennsylvania has been described by regulators and university studies as a source of clean-burning energy that can create more than 200,000 jobs while producing the equivalent of 87 billion gallons of oil.  HMS has been involved since the inception of the Marcellus Shale development in Pennsylvania, providing legal advice and representation to various industry stakeholders, including midstream/gatherer pipeline companies, water suppliers and wastewater treatment providers, as they take part in the development of this significant energy supply.

In addition to its attorneys speaking on Marcellus Shale issues at symposiums, HMS has a long history and understanding of the natural gas industry and has represented local distribution companies and the former Pennsylvania Gas Association for over 20 years in financial, system and service matters.  HMS also has long represented the water and wastewater industry in Pennsylvania, serving as counsel to the Pennsylvania Rural Water Association, the Capital Region Council of Governments and other significant ad hoc groups of wastewater system and water system owners.  At the invitation of the Pennsylvania Department of Environmental Protection (Pa. DEP), HMS has participated in a number of Pa. DEP working groups related to the regulation of the water industry.

Our available client services relative to Marcellus Shale activities include:

  • Representation before the Pennsylvania Public Utility Commission, the Pa. DEP, the Susquehanna and Delaware River Basin Commissions, county and local municipalities on matters regarding development of legislation, regulations and policy statements
  • Applications to provide intrastate pipeline gathering and treatment service, for motor common carrier rights, and for acquisitions or sales of systems and assets
  • Representation regarding wastewater nutrient credit trading, effluent limitations, Chesapeake Bay and Total Maximum Daily Load (TMDL) issues, and cap load regulation
  • Drafting of contracts, property or asset agreements
  • Representation in eminent domain, land use, zoning, right-of-way, and other real property matters
  • Drafting of agreements regarding water supply, and representation regarding water supply filings with regulators, processing wastewater, hydraulic fracturing fluid and flowback diversion, treatment and disposal
  • Coordination of client legal matters and projects in multiple locales in Pennsylvania
  • Providing regulatory and transactional due diligence