In this blog post, 3L Ian Young writes on the challenges landowners face when it comes to regulated forced pooling. Young details how states, such as Colorado, are facing backlash after passing pooling statutes that could be considered unconstitutional.
Due to the catastrophic failures of all natural gas transportation methods, such as spillages and harmful chemicals escaping barrels, people are wary of new pipelines. Accordingly, there has been a recent, and large, controversy regarding the installation of the new pipeline, Atlantic Sunrise. Atlantic Sunrise runs through ten counties of Pennsylvania and will hopefully provide natural gas to southern states such as Alabama. The near $3 billion pipeline is threatened by activists who are protesting every step of construction, but the DC Circuit Court has refused to block the pipeline by dissolving an administrative stay on construction of the pipeline.
In a world where it was previously thought that one owned all that was above and all that was below his land, it seems as if Colorado is taking a big step to ensuring that this is no longer true. An obscure Colorado law allows whole neighborhoods to be forced into leasing the minerals beneath their properties as long as one person in the area consents. This concept, known as forced pooling, is instrumental in developing oil and gas resources in Denver’s rapidly growing suburbs