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Robert J. Burnett - Pittsburgh, PA

Three Gateway Center401 Liberty Ave.22nd Floor Pittsburgh, PA 15222- 1005

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Updated: 01/28/2021

Pittsburgh Oil & Gas Lawyer

Overview

Robert's practice is exclusively devoted to the representation of landowners and royalty owners in oil and gas matters. Robert is the Chair of the Firm's Oil and Gas Practice Group and represents landowners and royalty owners in a wide array of oil and gas matters throughout the Commonwealth of Pennsylvania. Robert assists landowners and royalty owners in the negotiation of new oil and gas leases as well as modifications to existing leases...

About Robert J. Burnett

Practice Areas

  • Oil & Gas
  • Litigation

Current Employment Position(s)

  • Director

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)

Education

  • Duquesne University School of Law, Pittsburgh, Pennsylvania
    J.D.
    Honors: cum laude
    Law Review: Law Review, Member
  • John Carroll University
    B.A.
    Honors: With honors

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

Achievements

Other Sources of Feedback About Robert J. Burnett

Included on the 2023 Pennsylvania list


Past Lists

  • 2022 Pennsylvania Super Lawyers list
  • 2021 Pennsylvania Super Lawyers list
  • 2020 Pennsylvania Super Lawyers list
  • 2019 Pennsylvania Super Lawyers list

View the profile for Robert J. Burnett on Super Lawyers

Honors

  • BV® Rated by Martindale-Hubbell Peer Review Rating System
  • Who's Who in Energy by Pittsburgh Business Times, 2011 - 2017
  • Pennsylvania Super Lawyers 2019

Video & Photo

Photo

Office Information

Address

Three Gateway Center401 Liberty Ave.22nd Floor Pittsburgh, PA 15222- 1005

Fax

  • 412-281-4499

Offers Free Initial Consultation

Yes

Accepts Credit Cards

Yes

Office Hours

M - F, 8:30 am - 5:00 pm

Websites

Publication

Articles

  • 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

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.

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Firm Address

Fax:
412-281-4499
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Three Gateway Center401 Liberty Ave.22nd Floor Pittsburgh, PA 15222- 1005

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