Summary
The Supreme Court of Pennsylvania considered whether unconventional vertical natural-gas wells were subject to the annual impact fee under Chapter 23 of the Oil and Gas Act. The Court held that a well is subject to the fee if its production exceeds 90,000 cubic feet of natural gas per day during any one calendar month, rather than requiring the threshold to be exceeded every month of the year. The Court reversed the Commonwealth Court and reinstated the Pennsylvania Public Utility Commission’s order.
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