Robert J. Burnett
Free Consultation
Work in Houston Harbaugh, P.C.
Top Rated Family Law Attorney in Pittsburgh, PA
Energy, Oil & Gas Law, Litigation
Three Gateway Center, 401 Liberty Ave., 22nd Floor, Pittsburgh, PA 15222
About Robert J. Burnett
Practice Areas
- Energy, Oil & Gas Law
- Litigation
Education
- Duquesne University School of Law, Pittsburgh, PennsylvaniaJ.D.
- Honors: cum laude
- Law Review: Law Review, Member
- John Carroll UniversityB.A.
- Honors: With honors
Representative Cases
- Representation of landowner in dispute with gas operator regarding a sub-surface trespass occasioned by horizontal drilling.
- Representation of landowner with 4,000+ acres in dispute regarding the application of the gas storage clause and the ability to hold lease beyond primary term.
- Representation of landowner in lease litigation regarding the proper application of shut-in royalty clause and other lease-saving mechanisms.
- Representation of landowner with 4,000+ acres in dispute with gas operator regarding lease expiration.
- Representation of a landowner who faced mine subsidence, contaminated water and other environmental concerns and successfully negotiated a revised lease with the gas company and the coal company.
- Representation of an equipment supply company in a dispute with a gas operator regarding surface access rights.
- Representation of landowner in connection with water contamination claims caused by adjacent drilling operations.
- Representation of landowner with 1400 acres in dispute with gas operator regarding bad faith pooling.
- Representation of mineral owners in quiet title action against a surface owner claiming title to hydrocarbons through adverse possession.
- Representation of landowner in pipeline eminent domain action arising under the Natural Gas Act.
- Representation of landowner in litigation with contaminated water supply caused by nearby drilling operations.
- Representation of family limited partnership in negotiating oil/gas lease with parcel in excess of 1,500 acres.
- Representation of Fortune 500 company in connection with title dispute arising out of ownership of oil/gas estate.
- Representation of school district in negotiating non-surface access oil/gas lease.
Classes and Seminars
- What Do Lease Clauses Really Mean?, 2020 Pennsylvania Oil and Gas Landowner Alliance Annual Conference April 21, 2020 | Boalsburg, PA
- Hot Topics in Oil and Gas Law , The North Central Penn Board of Realtors March 19, 2020 | Wellsboro, PA
- Briggs v Southwestern Energy; Subsurface Trespass Claims Survive Supreme Court , Pennsylvania Bar Institute February 19, 2020- Webinar
- Pennsylvania Oil/ Gas Law Update, Berkshire Hathaway HomeServices February 12, 2020 | Butler, PA
- Pennsylvania Oil/ Gas Law Update, Pennsylvania Oil and Gas Landowner Alliance February 11, 2020 | Washington, PA
- Hot Topics in Oil and Gas Law Pennsylvania Bar Institute December 4, 2019 | Pittsburgh, PA
- Update on PA Oil/ Gas Law, Pennsylvania Oil and Gas Landowner Alliance (POGLA) October 29, 2019 | Prospect, PA
- General Legal Update- Pennsylvania , NARO National Convention October 3, 2019 | Pittsburgh, PA
- Law of Implied Covenants , Pennsylvania Bar Institute, Oil and Gas Law Conference August 8, 2019 | Southpoint, PA
- Equitable Distribution of Oil, Gas and Mineral Rights , Allegheny County Bar Association, Family Law Section July 24, 2019 | Pittsburgh, PA
- Legal Update: Briggs v. Southwestern and Additional Oil and Gas Cases in the Commonwealth, Pennsylvania Oil and Gas Landowner Alliance (POGLA) Inagural Conference and Annual Meeting July 20, 2019 | State College, PA
- Briggs and the Unsettled State of the Rule of Capture , Washington County Winter Beach Bar March 1, 2019 – Canonsburg, PA
- Post-Production Costs and Royalty Litigation in Pennsylvania , Town Hall Meeting November 28, 2018 – Burgettstown, PA
- Valuation of Oil and Gas Rights , October 16, 2018 – Bridgeville, PA
- Minimum Royalty and Pennsylvania Legislative Update , Beaver-Lawrence County Farm Bureau Meeting October 11, 2018 – New Castle, PA
- Post-Production Costs and Royalty Litigation in Pennsylvania – An Update, Pennsylvania Bar Institute August 16, 2018 – Pittsburgh, PA
- Recent Trends in Pennsylvania Royalty Litigation, 10th Annual Oil & Gas Law Colloquium – Pennsylvania Bar Institute June 28-29, 2018 – Cranberry Township, PA
- PA House Bill 557 and the Deduction of Post-Production Costs , PA NARO Town Hall Meeting May 15, 2018 – Burgettstown, PA
- Briggs: Game-Changer for Subsurface Trespass Claims and Unconventional Drilling? , Pennsylvania Bar Institute Webinar May 3, 2018
- Held by Production: When is a Lease Actually Held? , North Carolina Pennsylvania Realtors Association quarterly meeting April 10, 2018 - Wellsboro, PA
- The Myth of Held by Production: How and Why Leases can be Extended Without a Producing Well, PA NARO Annual Convention March 21-23, 2018 – State College, PA
- Residential Real Estate and the New OGM Addendum Forms , Berkshire Hathaway Home Services March 13, 2018 – Butler, PA
- Held by Production: When is a Lease Actually Held? , Town Hall Meeting January 30, 2018 – Liberty, PA
- The New Pennsylvania Association of Realtors’ Oil/Gas Forms: What Real Estate Agents Need to Know , Berkshire Hathaway Home Services January 23, 2018 - Cranberry, PA
- HB 557 and the Deduction Of Post-Production Costs, PA NARO Town Hall Meeting December 11, 2017 – Claysville, PA
- The New Pennsylvania Association of Realtors’ Oil/Gas Forms: What Real Estate Agents Need to Know, Berkshire Hathaway Home Services November 8, 2017 - Pittsburgh, PA
- Municipal Leasing of Oil and Gas Rights, Washington County Association of Township Officials Annual Convention October 5, 2017 – Washington, PA
- PA Legislative Update: HB 557 and the Deduction Of PostProduction Costs PA NARO Town Hall Meeting October 2, 2017 – Burgettstown, PA
- The New Pennsylvania Association of Realtors’ Oil/Gas Forms: What Real Estate Agents Need to Know September 21, 2017 – Bethel Park, PA
- PA House Bill 557 and the Deduction of Post-Production Costs PA NARO Town Hall Meeting May 15, 2017, Burgettstown, PA
- Equitable Distribution Of Oil, Gas And Mineral Rights Allegheny County Bar Association Family Law Section May 8, 2017 – Pittsburgh, PA
- The Impact of Marcellus Shale on Residential Real Estate: What Real Estate Agents Need to Know Butler County Association of Realtors April 20, 2017 – Butler, PA
- The Robinson Township Decision and a Heightened Standard of Care For Municipal Leasing Greene County Association of Township Officials April 10, 2017 – Waynesburg, PA
- Unique and Complicated Issues That Confront Realtors in Completing the OGM addendum November 15, 2016 – North Central Pennsylvania Board of Realtors –Wellsboro, PA November 10, 2016 – Berkshire Hathaway Home Services – Peters Township, PA October 17, 2016 – Berkshire Hathaway Home Services – Castle Shannon, PA
- Municipal Ownership and Regulation of Oil & Gas – Are you Wearing Two Hats? Allegheny County and Western Pennsylvania Association of Township Commissioners Annual Conference September 17, 2016 – Seven Springs, PA
- HB 1391 PA NARO Town Hall Meeting September 13, 2016 – Washington, PA
- The Impact of Marcellus Shale on Residential Real Estate: What Real Estate Agents Need to Know August 24, 2016 – Bethel Park, PA
- Oil and Gas Title Law A-Z National Business Institute June 15, 2016 – Pittsburgh, PA
- Shale Energy Leadership Organization Summit II , April 28, 2016 – Hermitage, PA
- Streams, Roads and Railroads: Who Owns the Oil and Gas Rights Anyway?, 2016 PA NARO Annual Convention March 30 – April 1, 2016 – State College, PA
- Ultimate Guide to Oil and Gas Title Law, National Business Institute December 9 – 10, 2015 – Mechanicsburg, PA
- Hydraulic Fracturing, Horizontal Drilling and the Modern Oil Lease , Hydraulic Fracturing, Horizontal Drilling and Development of the Marcellus Shale – The Seminar Group November 18, 2015 – Pittsburgh, PA
- Current Litigation Issues Concerning Post-Production Costs, 2015 National Association of Royalty Owners 35th Anniversary National Convention October 15 – 17, 2015 – Las Vegas, NV
- Bad Faith Pooling, 7th Annual Oil and Gas Law Colloquium – Pennsylvania Bar Institute September 24, 2015 – Pittsburgh, PA
- Property Rights: Lessor/Lessee Disputes, Hydraulic Fracturing Disputes and Litigation – Half Moon Seminars August 28, 2015 – Pittsburgh, PA
- Emerging Issues in PA Oil/Gas Law: Act 66/Forced Pooling, Post Production Costs, Sabella Decision, PA NARO Town Hall Meeting May 27, 2015 – Washington, PA
- Marcellus Shale: Where are we now?, California University of Pennsylvania April 16, 2015 – Cal U Center for Innovation
- Oil and Gas Law Update: Recent Decisions Impacting Oil and Gas Practice, Pennsylvania Bar Institute April 2, 2015 – Live Webinar
- Facing the Challenges, 2015 PA NARO Annual Convention March 26-27, 2015 – State College, PA
- The Attorney’s Guide to the Oil and Gas Lease, Pennsylvania Bar Institute February 10, 2015 – Mechanicsburg, PA February 26, 2015 – Pittsburgh, PA
- Fuel Yourself with Knowledge, PA NARO January 24, 2015 – West Middlesex, PA
- Marcellus Shale for Landowners' Representatives, California University of Pennsylvania December 12, 2014 – Cal U Center for Innovation
- Oil and Gas Leases in the Era of Horizontal Drilling and Hydraulic Fracturing
- Oil and Gas Leases in the Era of Horizontal Drilling and Hydraulic Fracturing, West Coast Landman’s Institute October 22–24, 2014 – Las Vegas, NV
- Oil and Gas Leases in the Era of Horizontal Drilling and Hydraulic Fracturing Texas Land Institute September 22, 2014 – Houston, TX
- Gas Lease Termination Issues YPE Energy Training Series June 5, 2014 – Washington, PA
- Emerging Issues in Pennsylvania Oil & Gas Pennsylvania Association of Realtors – Shale Gas Summit April 24 - 25, 2014
- HB 1684 The David Madiera Show on 94.3 FM “The Talker” March 8, 2014 – State College, PA
- Lease Expiration and Termination Issues 2014 NARO PA Convention March 27-28, 2014 – State College, PA
- Hydraulic Fracturing Issues in Oil & Gas Leases 3rd Annual Hydraulic Fracking Conference – The Seminar Group February 27-28 – Santa Barbara, CA
- Leasing and Lease Extensions Best of the Oil and Gas Law Colloquium – Pennsylvania Bar Institute January 23, 2014 – Pittsburgh, PA
- Mineral Leasing, Surface Use ‘Watch the Fine Print’ 2013 NARO National Convention October 31, 2013-November 2, 2013 – Columbus, OH
- Emerging Issues in PA Oil/Gas Law Allegheny Chapter CPCU Society All Industry Day October 16, 2013 – Pittsburgh, PA
- Oil & Gas Leases in Era of Horizontal Drilling 2nd Annual AAPL Appalachian Land Institute October 3-4, 2013 – Morgantown, WV
- Leasing and Lease Extensions 5th Annual Oil and Gas Law Colloquium – Pennsylvania Bar Institute September 17-18, 2013 – State College, PA
- Senate Bill 259 Radio Smart Talk with Host Scott Lamar on WITF Radio 89.5 and 93.3 FM July 15, 2013 – Pittsburgh, PA
- We Know the Drill PA Gas Expo 2013 June 26, 2013 – Indiana, PA
- Oil & Gas Leases in Era of Horizontal Drilling 4th Law of Shale Plays Conference June 6-7, 2013 – Fort Worth, TX
- The Implied Covenant to Market Gas vs. The Shut-In Royalty Clause: How Long Can the Well Be Shut-In? 2013 NARO PA Convention March 28-29, 2013 – State College, PA
- Implied Covenants Best of the Oil and Gas Law Colloquium - Pennsylvania Bar Institute January 29, 2013 – Pittsburgh, PA
- Marcellus Shale: Practical and Complex Tips for the Family Law Dealing with Mineral Rights Pennsylvania Bar Association Family Law Section January 18-20, 2013 – Pittsburgh, PA
- Emerging Oil/Gas Issues The MoneyLine Show with Host George Dukovich on 104.7 FM October 28, 2012 – Pittsburgh, PA
- Emerging Issues in PA Oil/Gas Law The Marcellus Shale Seminar Series October 10, 2012 – Greensburg, PA
- Implied Covenants 4th Annual Oil and Gas Law Colloquium – Pennsylvania Bar Institute September 11-12, 2012 – State College, PA
- We Know the Drill: You Don’t Know What You Don’t Know and Issues Related to Newly Enacted Act 13 PA Gas Expo 2012 July 25, 2012 – Indiana, PA
- Emerging Issues in PA Oil/Gas Law July 19, 2012 – Grove City, PA
- Oil/Gas Lease Termination Issues The “Morning Show” with PJ Maloney, KQV Radio 1410 AM June 27, 2012 – Pittsburgh, PA
- Emerging Issues in Pennsylvania Oil/Gas Law Northeast Pennsylvania Board of Realtors (Tioga County) June 21, 2012 – Wellsboro, PA
- Lease Termination Issues Blossburg Landowners Meeting June 7, 2012 – Blossburg, PA
- Conveyance and Interpretive Matters Involving Estates & Trusts Gas Leases and Estate Planning Techniques to Protect the Future of Your Client’s Mineral Rights – Pennsylvania Bar Institute May 9, 2012 – Pittsburgh, PA
- Recent and Emerging Oil/Gas Issues The MoneyLine Show with Host George Dukovich on KQV Radio 1410 AM April 21, 2012 – Pittsburgh, PA
- Implied Covenants Under Pennsylvania Law 2012 NARO PA Convention March 23, 2012 – State College, PA
- Basics of Oil/Gas Leasing Fundamentals of Oil/Gas Law – Pennsylvania Bar Institute March 14, 2012 – Pittsburgh, PA March 9, 2012 – Mechanicsburg, PA
- Implied Covenants, Best of the Oil and Gas Law Colloquium – Pennsylvania Bar Institute January 18, 2012 – Pittsburgh, PA
- Implied Covenants, 3rd Annual Oil and Gas Law Colloquium – Pennsylvania Bar Institute September 21, 2011 – Pittsburgh, PA
- 2020 PA Oil/ Gas Legal Recap, Houston Harbaugh Townhall, January 19, 2021 | Webinar
- Oil & Gas Caselaw and Regulatory Update, Pennsylvania Bar Institute, October 14, 2020 | Webinar
- Summer 2020 PA Oil/ Gas Legal Update, Houston Harbaugh Townhall, August 11, 2020 | Webinar
- Providing Notice of Lease Termination, Washington County Bar Association, June 18, 2020 | Webinar
Qualifications
Bar Admissions
- Pennsylvania
- U.S. District Court Western District of Pennsylvania
- U.S. District Court Middle District of Pennsylvania
- U.S. Court of Appeals 3rd Circuit
Other Affiliations
- Pennsylvania Bar Association's "Shale Energy Law Committee" (Member)
- Pennsylvania Business Institute Oil and Gas Law Colloquium (Course Planner)
- National Association of Royalty Owners (Member)
- Pennsylvania Chapter of National Association of Royalty Owners (Director)
- Pennsylvania Independent Oil and Gas Association (Member)
- Pennsylvania Bar Association (Civil Litigation Section and Environmental and Energy Law Section) (Member)
- Allegheny County Bar Association (Member)
Articles
Published Works
- New Legislation May Allow Drillers to Revive Expired Oil and Gas Leases, 11.2017
- Federal District Court in Ohio Rules That Chesapeake Did Not Breach Lease When it Deducted Costs From Royalty, 11.2017
- West Virginia Jury Awards Damages to Surface Owner for Unauthorized Well Pad, 09.2017
- New Royalty Bill HB 1708 Will Not Help Pennsylvania Landowners, 08.2107
- Claim Based on Implied Covenant to Market Gas to Move Forward in Federal Royalty Litigation, 07.2017
- Non-Producing Oil and Gas Lease Deemed Abandoned by the Pennsylvania Superior Court, 05.2017
- Why the New Minimum Royalty Bill is Constitutional and Good for Pennsylvania, 04.2017
- Landowners Beware: Warranty Clause in Oil and Gas Lease Can Obligate Landowner to Repay Signing Bonus, 03.2017
- West Virginia Supreme Court to Reconsider Landmark Decision in Leggett v. EQT Production Company, 02.2017
- The Difference Between a “Royalty” and a “Royalty Interest” Can Be Confusing and Costly For Landowners, 12.2016
- West Virginia Supreme Court Declares that Minimum Royalty Statute Does Not Authorize the Deduction of Post-Production Costs, 12.2016
- Ohio Supreme Court Declines to Adopt Blanket “At the Well” Rule, 11.2016
- HB 1391: Putting Teeth Back in Pennsylvania’s Minimum Royalty Statute, 08.2016
- Pooling Clause Not Necessary: West Virginia Court Finds Implied Right to Pool Exists Where Lease Silent, 05.2016
- Driller Has No Obligation to Pay Royalty on Lost Gas, 05.2016
- Pennsylvania Landowners May Not Own Oil and Gas Rights Under Rivers and Streams, 04.2016
- Federal Court in Pittsburgh Questions Applicability of Kilmer Decision, 03.2016
- Ohio Supreme Court Observes That Driller Cannot Maintain Lease Indefinitely by Paying Delay Rentals, 02.2016
- Is the Implied Covenant of Reasonable Development Irrelevant?, PA Law Weekly, 10.20.15
- Court Rules Severance Tax Does Not Increase Value Of Shale Gas, Therefore Not A Deductible Post-Production Cost, 09.2015
- Landowners May Face Difficult Burden Regarding Intermingled Gas, PA Law Weekly, 08.11.15
- Legislation Revived to Protect Royalty Owners in Pennsylvania, 06.24.15
- A Possible Blueprint for Landowners Challenging Pipeline Companies, PA Law Weekly, 06.16.15
- Abandoned Oil and Gas Wells – More Than Just a Rusty Eyesore, 05.2015
- Not All is Quiet on the Quiet Title Front, PA Law Weekly, 02.09.15
- Good News for Landowners Means Bad News for Trespassers, PA Law Weekly, 12.16.14
- PUC Decision Suggests Pipeline Operator Has Public Utility Status, PA Law Weekly, 10.28.14
- Local Zoning Ordinances May Hinder Oil/Gas Development, 10.2014
- Pipeline Operators: Public Utility or Pipeline Futility, PA Law Weekly, 8.19.14
- Superior Court Breathes New Life Into Guaranteed Minimum Royalty Act, PA Law Weekly, 2.25.14
- Failure to Tender Production Royalty Did Not Trigger Forfeiture Clause, PA Law Weekly, 12.31.13
- The Status Quo Restored. The background of the decision that put the ‘Dunham Rule’ back in place., The Pennsylvania Lawyer, September/October 2013
- Is Pa. Becoming a First-Marketable-Product Jurisdiction?, PA Law Weekly, 10.15.13
- Has Forced Pooling Come to Pennsylvania With SB 259?, PA Law Weekly, 08.13.13
- Pennsylvania Superior Court Rules Driller had no Implied Obligation to Develop Deeper Formations, 07.2013
- Not Your Father’s Oil and Gas Lease, 06.2013
- Marcellus Shale Gas is Not a Mineral. What Does This Mean for Lease-holders?, 04.2013
- Can the Payment of a Shut-In Royalty Maintain an Oil/Gas Lease Indefinitely?, 10.2012
- Federal Court in Scranton Rules That Litigation Filed by Landowner Did Not “Repudiate” the Lease, 08.2012
- Federal Court Rules that Assignment of Oil/Gas Lease May Not Extinguish Liability of Original Lessee, 08.2012
- Federal Court in Pittsburgh Allows Lease Cancellation Suit to Move Forward, 05.2012
- Who’s Entitled to Free Gas?, 01.2012
- Preliminary Operations Not Enough To Extend Lease into Secondary Term, 12.2011
- Non-Production During Secondary Term Results in Termination of Lease, 11.2011
- Subsurface Trespass – Can They Take the Gas Under My Property Without a Lease?, 07.2011
- Adverse Possession – Can Surface Owner Acquire Title to Gas Formations by Mere Passage of Time?, 06.2011
- The Accommodation Doctrine: Balancing the Interests of the Surface Owner and the Mineral Owner, 04.2011
- Temporary Cessation of Production: How much time does a producer have under Pennsylvania law?, 03.2011
- To Drill or Not to Drill – Does Pennsylvania Recognize an Implied Covenant of Further Exploration?, 02.2011
- Tenth Circuit Rules That Obligation to Pay Royalty on Fuel Gas Depends on Lease Language, 02.2018
- Ohio Supreme Court Declines to Recognize Implied Covenant of Further Exploration, 01.2018
Office Info
Other Colleagues
- Business Law, Alternative Dispute Resolution, Constitutional Law, Construction, Copyrights, Financial, Insurance, Intellectual Property, Legal Malpractice, Litigation, Medical Malpractice, Patent, Personal Injury, Toxic Mold, Trademarks, Wrongful Death
- Senior AssociateBusiness Law, Alternative Dispute Resolution, Constitutional Law, Construction, Copyrights, Financial, Insurance, Intellectual Property, Legal Malpractice, Litigation, Medical Malpractice, Patent, Personal Injury, Toxic Mold, Trademarks, Wrongful Death
- Litigation
Nearby Lawyers
- Energy, Oil & Gas Law
- Litigation
- 3.7 miles away
- 3.7 miles away
- 3.7 miles away
- 3.7 miles away
The power of the lawyer is in the uncertainty of the law.