Todd Samuel Stewart

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.  That is equal to 12 years worth of U.S. Energy consumption or enough natural gas to meet total U.S. gas demand for 20 years.  A former Chairman of the Pennsylvania Public Utility Commission recently testified at a Pennsylvania Public Utility Commission generic Marcellus Shale hearing that it “is the best economic news Pennsylvania has received in my lifetime.”  Studies show it already has stimulated the Pennsylvania economy by $3.77 billion and has created 44,000 jobs.

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 formerly 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, HMS has participated in a number of PA DEP work groups related to the regulation of the water industry.     

Our available client services relative to Marcellus Shale activities include:

• Meetings or representation before the Pennsylvania Public Utility Commission; the Department of Environmental Protection; Susquehanna River Basin Commission; Delaware River Basin Commission; county and local municipalities;
• Advice and representation regarding legislation, regulations and policy statements;
• Representation of clients before the Pennsylvania Public Utility Commission regarding applications to provide intrastate pipeline gathering and treatment service, applications for motor common carrier rights, and acquisitions or sales of systems and assets;
• Environmental advice, strategy, negotiations and filings;
• Advice and representation regarding wastewater nutrient credit trading, effluent limitations, Chesapeake Bay and Total Maximum Daily Load (“TMDL”) issues and cap load regulation;
• Contracts, property or asset agreements, and real property matters for Marcellus Shale businesses;
• Advice and representation regarding Eminent Domain, Land Use, Zoning and Right-of-Way matters;
• Advice, representation and agreements regarding water supply, water supply filings with regulators, process wastewater, hydraulic fracturing fluid and flowback diversion, treatment and disposal;
• Coordination of client legal matters and projects in multiple locales in Pennsylvania; and
• Regulatory and transactional due diligence.