Minard Run Oil Co. and PIOGA v. U.S. Forest Service

On September 20, 2011, the Third Circuit affirmed a preliminary injunction against U.S. Forest Service interference with private mineral rights on split-estate lands in the 500,000-acre Allegheny National Forest (ANF). The opinion has significance for development of oil and gas (including Marcellus shale gas) in split-estate situations created under the federal Weeks Act and, more generally, for businesses seeking to preliminarily enjoin overreaching by federal agencies. Crowell & Moring Washington, D.C.-based Environment & Natural Resources Group partners R. Timothy McCrum and J. Michael Klise, and associate Daniel W. Wolff, represented the plaintiffs, including the Pennsylvania Independent Oil and Gas Association.

The case is Minard Run Oil Co. and PIOGA v. U.S. Forest Service.

Placements on this case win included the following media outlets:

• "Ruling on Drilling in the Allegheny National Forest Upheld," Erie Times-News (September 21, 2011).
• "Ruling in Favor of Forest Drilling Upheld," Kane Republican (September 21, 2011).
• "Forest Drilling Procedures Upheld," Pittsburgh Tribune-Review (September 21, 2011).
• "U.S. Appeals Court Clears Way for Drilling in Pennsylvania National Forest," Platts (September 21, 2011).
• "OK to Drill in Pa. Forest, Court Rules," United Press International (September 22, 2011).
• "3rd Circuit Approves Allegheny Forest Drilling," The Pittsburgh Post Gazette (September 26, 2011).