Shareholder Matthew F. Burger and Counsel Daniel C. Garfinkel recently obtained a preliminary injunction on behalf of an energy and natural resource client.

The dispute arose out of a surface owner’s intentional interference with the client’s efforts to construct ventilation measures necessary to reduce the level of potentially explosive methane gas within the client’s mine. Though the applicable severance deed granted the firm’s client the right to ventilate its mines, the surface owner nevertheless blocked their access to the surface property.

Following a hearing, the Court of Common Pleas of Greene County, Pennsylvania granted the client’s Motion for Preliminary Injunction in full, permitting them to immediately begin construction of necessary ventilation measures on this surface property.

Undeterred, the surface owner first sought a rehearing with the trial court, and thereafter filed an Application with the Superior Court requesting an immediate stay of the trial court’s Order. The Superior Court denied the surface owner’s request.