Representative matters at GA BIBIKOS LLC include:

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Oil + Gas

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• Represented API and Marcellus Shale Coalition as amici in matters involving “gross proceeds” royalty clauses and post-production costs. 

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• Represented Marcellus Shale Coalition as amicus in “title wash” dispute before the Pennsylvania Supreme Court and Third Circuit. 

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• Successful award on behalf of upstream clients following trial in arbitrations involving “market enhancement” royalty clauses. 

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• Represented oil and gas production companies in major cases resulting in precedent-setting decisions for the industry in Pennsylvania, including Belden & Blake v. DCNR, 969 A.2d 528 (Pa. 2009) (successful affirmation of surface use rights of oil and gas owners/lessees); Range Resources v. Salem Township, 964 A.2d 869 (Pa. 2009) (successful challenge to local ordinance regulating oil and gas activities); and Kilmer v. Elexco Land Services, 990 A.2d 1147 (Pa. 2010) (successful defense of natural gas leases challenged by landowners under the Pennsylvania Minimum Royalty Act).

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• Represented amicus parties in Butler v. Charles Powers Estate, 65 A.3d 885 (Pa. 2013), regarding ownership of oil and natural gas in shale formations.

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• Defended major oil and gas production company in Humberston v. Chevron U.S.A. Inc., 75 A.3d 504 (Pa. Super. 2013), in precedent-setting decision regarding operator’s right to construct a water-storage impoundment on leased property for shale-gas development on the property and other properties within a drilling unit.

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• Represent Marcellus Shale Coalition and PIOGA as amici in Briggs v. SWN regarding rule of capture and claims of trespass by hydraulic fracturing.

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• Advise upstream industry clients  on climate-change regulatory and litigation matters. 

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• Serve as Pennsylvania regulatory counsel to oil and gas production companies on environmental and regulatory permitting requirements, including erosion and sedimentation controls for well pad and gas pipeline projects, blasting permits for seismic activities, road use and bonding matters, local zoning matters, and statutory pooling and unitization issues. 

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• Advised and represented natural gas operators on WV and PA environmental regulations applicable to oil and natural gas wells in connection with various matters, including advice on protection of water supplies of landowners, oil and gas leasing provisions regarding environmental protections, and compliance advice regarding the preparation for and commencement of drilling of natural gas wells.

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• Represented oil and gas production companies and oilfield services companies as defendants in various litigation matters alleging that the client’s natural gas well drilling and hydraulic fracture operations caused environmental harm and contaminated private water supplies of landowners.

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• Represented client in negotiations with Pennsylvania Department of Conservation and Natural Resources, including drafting road-use agreements, easement agreements, and a coordination agreement for access to public lands overlying privately held oil and gas estates.

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• Represented client in disputes with Pennsylvania Department of Conservation and Natural Resources over ownership of oil, gas, and minerals underlying streambeds.​

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• Represented and advised client in the acquisition of oil and gas leases in Pennsylvania, including drafting and review of purchase and sale agreement, oil and gas leases, lease ratifications, lease extensions, and related transaction documents. 

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• Represented and advised non-operator clients in connection with the acquisition and operation of oil and gas leases in Pennsylvania and West Virginia, including drafting joint operating agreements and amendments, advising on area of mutual interest agreements (AMIs), and drafting assignments of overriding royalty interests.

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• Represented and advised operator in connection with a bid to purchase oil and gas leases in New York in bankruptcy proceedings, including negotiating with a non-operator and drafting a joint operating agreement, area of mutual interest agreement, purchase and sale agreement, assignment agreements, and assignments of working interests and overriding royalty interests.

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• Represented client in its first major acquisition of oil and gas leases in West Virginia and Pennsylvania, including drafting and reviewing of a purchase and sale agreement, assignment agreement, oil and gas leases, and related transaction documents; assisted and advised the client with drafting form of oil and gas lease and form of oil and gas deed as part of acquisition of Pennsylvania and West Virginia assets; and assisted the client in the acquisition of road-way and easement agreements for oil and gas operations as part of acquisition in West Virginia.

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• Represented oil and gas production company in dispute over payment of a state impact fee associated with natural gas wells.

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• Advised a major oil and gas producing company regarding a national water resource management program and regulatory programs governing water withdrawal and use requirements.

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• Represented oil and gas operators in challenges to well permits issued by Department of Environmental Protection.

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• Advise clients regarding notices of violations issued by Department of Environmental Protection.

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• Counsel to well operators and midstream companies regarding regulatory changes to erosion and sedimentation controls for oil and gas activities in Pennsylvania.

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• Counsel to well operators regarding well site restoration and reclamation requirements.

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• Counsel to well operators regarding regulatory changes to erosion and sedimentation controls for oil and gas activities in Pennsylvania.

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• Advise oil and gas production companies and oilfield services companies regarding liens and bankruptcy issues in down markets.

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• Advise bond issuers on state and federal oil and gas well reclamation bond regulations.

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• Advise frac sand mining clients on a sale of interests in frac sand mines.

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• Advise and represent oil and gas well operators in well site crisis management, including managing all aspects of internal investigations into well site accidents, engaging private investigators to assist in well site management and evidence preservation, interviewing witnesses, serving as point person for contacts with state and federal environmental and workplace safety agencies, advising on contract obligations among well operators and their contractors, and advising on insurance coverage matters.

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• Represent midstream companies in disputes involving rights of way and easements.

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• Representation of clients in various oil and gas lease arbitrations.  

 

• Serve as third-party arbitrator in oil and gas lease disputes. 

 

Administrative Agency Litigation

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• Representation of land developer in dispute over extension of public wastewater service to proposed land development.​

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• Assist in representation of utilities and other clients in rate cases.

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• Representation of pipeline companies in PUC certification proceedings.​

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• Advise midstream clients regarding “public utility” status in Pennsylvania.
   

• Advise midstream clients regarding natural gas pipeline construction and safety regulations for gathering and transportation lines.

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• Representation of oil and gas production company in dispute over payment of state impact fee associated with natural gas wells.

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• Defend clients before Environmental Hearing Board in third-party challenges to air permits issued by PADEP. 

 

• Represent clients challenging adverse enforcement actions of PADEP before the Environmental Hearing Board. 

 

Business Litigation + Appeals

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• Representation of national companies and organizations as amici before Pennsylvania Supreme Court regarding enforceability of arbitration agreements.

 

• Representation of national companies and organizations as amici before Pennsylvania Supreme Court regarding Pennsylvania common law antitrust matters.

 

• Representation of anthracite mining company in dispute over anthracite reserve valuation.

 

• Representation of high-level executives in non-compete disputes.

 

• Representation of telecommunications company providing inmate telephone and mail-processing services to Pennsylvania Department of Corrections. 

 

• Representation of a major manufacturer of chocolate in dismissal of lawsuits alleging public nuisance.

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• Representation of major fresh produce company in commercial lease disputes.

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• Representation of pharmacy services provider in commercial contract disputes.

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• Appellate representation of local land developer in land development dispute with municipality.

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• Appellate representation of worldwide industrial biotechnology company in commercial contract dispute.

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• Appellate representation of trade association in defense of agency order regarding milk price premiums.

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• Appellate representation of contractors in bid protests challenging award of contracts by Pennsylvania Department of Public Welfare.

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• Appellate representation of telecommunications company on appeal from order enjoining unlawful award of telephone services contract for local prison.

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• Appellate representation of public officials challenging Governor’s line item veto power.

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• Appellate representation of public officials in taxpayer litigation challenging constitutionality of legislative enactments and legislative appropriations.

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• Appellate representation of amicus parties in the United States Court of Appeals for the Third Circuit and in Supreme Court of the United States regarding legislative immunity issues.

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• Pro bono appellate representation of habeas petitioners in the United States Court of Appeals for the Third Circuit and in Supreme Court of the United States alleging ineffective assistance of prior counsel.

 

Outside General Counsel

 

• Representation of startup companies, real estate developers, HOAs, private schools, HVAC companies, political parties, electricians, landscape companies, flooring businesses, medical marijuana grower/processors, casinos, trade groups, construction companies, regional shipping companies, and a variety of other small to mid-size businesses as outside general counsel, advising on general legal matters, corporate structure and governance, regulatory compliance, employment, and all related day-to-day business issues.