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Brendan Andrew O'Donnell

Brendan Andrew O'Donnell

Oil, Gas, Renewable Energy and Zoning Attorney serving landowners
  • Energy, Oil & Gas Law, Real Estate Law
  • Pennsylvania
Review This Lawyer
Lawyer Rating and Reviews
Legal Knowledge
5.0/5.0
Legal Analysis
5.0/5.0
Communication Skills
5.0/5.0
Ethics and Professionalism
5.0/5.0
Henry M Sneath
Henry M Sneath January 14, 2024
Rating: 10 Lawyer Rating - 10 out of 10
My comments above are the basis for my opinions and because Brendan is highly regarded by clients and organizations with whom he has relationships and engagements.
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Biography

An attorney in Houston Harbaugh’s Oil and Gas Practice, Brendan O’Donnell has represented oil and gas owners across Pennsylvania in a wide array of oil and gas matters for over a decade. This experience involves not only the Marcellus shale and the Utica shale, but more traditional oil and gas development as well.

Brendan maintains a diverse practice, representing clients in all matters involving oil and gas spanning the transactional and litigation realms. On the transactional front, Brendan routinely assists landowners with negotiating oil and gas leases, pipeline rights of way and surface use agreements and subsurface easements related to horizontal drilling as part of Marcellus and Utica shale development. Brendan also frequently reviews royalty statements and oil and gas ownership issues as well as preparing deeds and title curative documents. Brendan also maintains an active litigation practice, representing clients in state and federal courts, as well as private arbitration matters. This litigation often involves title disputes, pooling and unitization challenges, lease termination questions and royalty/ post-production cost claims.

Assisting clients across the spectrum from contract negotiations through litigation and appeals gives Brendan valuable first-hand knowledge about how oil and gas agreements are prepared, how disputes arise and how courts resolve these issues. Brendan stays up-to-date on developments in oil and gas law and writes frequently on the these topics. Additionally, as alternative energy generation like wind and solar are increasingly being developed in oil and gas producing regions, Brendan assists clients with navigating the interplay between these complex energy developments and evaluating solar agreements.

Brendan complements his oil and gas practice by representing property owners, including oil and gas owners, in zoning and land use matters. Brendan has represented clients before municipal bodies and in appeals to court.

Practice Areas
Energy, Oil & Gas Law
Utilities
Real Estate Law
Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Neighbor Disputes, Water Law
Video Conferencing
  • Google Meet
  • Zoom
  • Microsoft Teams
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Pennsylvania
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Languages
  • English: Spoken, Written
Professional Experience
Director
Houston Harbaugh, P.C.
- Current
Senior Attorney
Houston Harbaugh, P.C.
-
Representing Pennsylvania oil and gas royalty owners in transactional and litigation matters.
Associate
Smith Butz, LLC
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General practice focusing on representation of royalty owners in oil and gas matters and individuals and municipalities in land use/zoning matters.
Education
University of Pittsburgh School of Law
J.D. (2010) | Law
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Honors: Magna Cum Laude
Activities: Law Review
University of Pittsburgh School of Law Logo
University of Pittsburgh - Pittsburgh
B.A. (2006) | Political Science ; Spanish
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Honors: Magna Cum Laude
Activities: Phi Beta Kappa
University of Pittsburgh - Pittsburgh Logo
Professional Associations
State Bar of Pennsylvania  # 309007
Member
Current
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Allegheny County Bar Association
Current
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Pennsylvania Bar Association
Current
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Publications
Articles & Publications
Does a Well Passing Horizontally Under a Property Trigger a 'Payment in Lieu of Free Gas' Clause? The Pennsylvania Superior Court says 'No'
www.hh-law.com
Hordis v. Cabot Oil and Gas Corporation: Landowner Challenges Whether Driller Can Ignore Pooling Clause and Simply Rely on Act 85
www.hh-law.com
The New Royalty Bill is Good for Pennsylvania Landowners
www.hh-law.com
West Virginia Federal Court Rules that Lease Did Not Authorize the Deduction of Post-Production Costs
www.hh-law.com
Pennsylvania Court Rules That Shut-In Royalty Provision Had No Connection to the Duration of an Oil and Gas Lease
Houston Harbaugh Oil & Gas Addendum
Spot Zoning
Houston Harbaugh Land & Renewables Connection
Solar Leases Are Long-Term Commitments for Landowners
Houston Harbaugh Land & Renewables Connection
Does Pennsylvania’s Carbon Sequestration Bill Negatively Impact Private Property Rights?
Houston Harbaugh Land & Renewables Connection
Types of Costs: Production Costs v. Post-Production Costs
Houston Harbaugh Oil & Gas Addendum
Commonwealth Court Sends Drilling Waste Injection Well Case Back to Zoning Hearing Board
Houston Harbaugh Land & Renewables Connection
Solar Farm Zoning Case Confirms Primacy of Ordinance Terms
Houston Harbaugh Land & Renewables Connection
Federal Court Rules That Coal Mining Contractor Cannot Assert Mechanics’ Lien Against Surface Owner
Houston Harbaugh Oil & Gas Addendum
What is a Variance?
Houston Harbaugh Land & Renewables Connection
Abandoned Wells vs. Orphan Wells
Houston Harbaugh Oil & Gas Addendum
Will Cryptocurrency and Data Mining Add New Complexity to Oil & Gas Zoning?
Houston Harbaugh Land & Renewables Connection
Who Owns the Produced Water From Oil & Gas Operations?
Houston Harbaugh Land & Renewables Connection
Could a Proposed New York Carbon Dioxide Injection Program Work In Pennsylvania?
Houston Harbaugh Land & Renewables Connection
Texas Court Confirms “Automatic Termination” Rule for Oil and Gas Lease
Houston Harbaugh Oil & Gas Addendum
Is This the Year for Community Solar Legislation in Pennsylvania?
Being “Grandfathered In” - What Are Pre-Existing Nonconforming Uses?
Pennsylvania Federal Court Dismisses Gas Driller’s Declaratory Judgment Lawsuit Involving Oil & Gas Lease
Houston Harbaugh Oil & Gas Addendum
Proposed Pennsylvania Solar Energy Legislation Shines Light on Legislators’ Perspectives
What is a Special Exception?
Houston Harbaugh
What is a Conditional Use?
Houston Harbaugh
Repurposing Oil and Gas Wells for Alternative Energy in Pennsylvania Raises Multiple Legal Issues
Houston Harbaugh
Can Cryptocurrency Mining Maintain an Oil and Gas Lease Beyond Primary Term?
Houston Harbaugh Oil and Gas Addendum
Landowners Should be Careful Before Making Representations About Prior Oil and Gas Development on their Property
Houston Harbaugh Oil & Gas Addendum
Federal Court in West Virginia Rules that Insurance Policies Do Not Cover Claims by Oil and Gas Driller for Lost Drilling Opportunities
Houston Harbaugh Oil & Gas Addendum
Text Message Emoji Was Sufficient to Agree to Contract
Houston Harbaugh Litigation Blog
Proposed Carbon Capture and Sequestration Act Offers Much for Pennsylvania Property Owners to Consider
Houston Harbaugh Oil & Gas Addendum
Recent Federal District Court Decision Suggests New Approach for Oil and Gas Lease Termination
Houston Harbaugh Oil & Gas Addendum
AI as Lawyer? Contracts Prepared by Artificial Intelligence (AI) May Cause More Problems Than They Solve
Houston Harbaugh Litigation Blog
Can Owners of Severed Oil and Gas Estates in Pennsylvania Lease Gas Storage Rights?
Houston Harbaugh Oil & Gas Addendum
United States Third Circuit Court of Appeals Sets 5:00 p.m. Elecronic Filing Deadline
Houston Harbaugh Litigation Blog
United States Third Circuit Court of Appeals Sets 5:00 p.m. Electronic Filing Deadline
Houston Harbaugh Litigation Blog
Regulating Underground Injection Wells for Carbon Sequestration in Pennsylvania
Houston Harbaugh Oil & Gas Addendum
Coordinating Solar Farm Development With Oil and Gas Rights in Pennsylvania
Houston Harbaugh Oil & Gas Addendum
Pennsylvania Supreme Court Agrees to Hear Appeal in Royalty Dispute
www.hh-law.com
Can 'Free Gas' Clauses Refute the Artificial Wellhead Value Suggested by Drillers?
www.hh-law.com
Can Retroactive Pooling and Unitization Revive an Expired Lease?
www.hh-law.com
Ohio Court of Appeals Upholds Depth Severance Clause in Lease
www.hh-law.com
What the Hedge? - The Impact of Price Hedging on Landowner Production Royalties
www.hh-law.com
Market Enhancement Clauses in Pennsylvania After Dressler Family, LP v. PennEnergy Resources, LLC
www.hh-law.com
Is the Value of Your Gas Really Being Enhanced?
www.hh-law.com
Who Can Grant Gas Storage Rights
www.hh-law.com
My Driller Filed for Bankruptcy; What Happens to My Lease in Pennsyvlania?
www.hh-law.com
Why is The Driller Deducting Post-Production Costs My Lease Doesn't Allow? Kilmer v. Elexco Land Services: A Decade Later
www.hh-law.com
Why is The Driller Deducting Post-Production Costs My Lease Doesn't Allow? Kilmer v. Elexco Land Services: A Decade Later
www.hh-law.com
Driller Bankruptcy Could Raise Environmental Questions for Landowners
www.hh-law.com
Speaking Engagements
Royalty Litigation and the Deduction of Post-Production Costs, Washington County Bench Winter Bench Bar, Hilton Garden Inn, Southpointe
Washington County Bar Association
Providing Notice of Lease Termination, Online
Washington County Bar Association
Drafting and Negotiating Oil and Gas Lease Addendums, Washington County Bar Association Winter Bench Bar, Hilton Garden Inn, Southpointe
Washington County Bar Association
Websites & Blogs
Website
Brendan A. O'Donnell at Houston Harbaugh, P.C.
Blog
The Oil and Gas Addendum
Social Media
Contact & Map
Houston Harbaugh P.C.
3 Gateway Center, 22nd Floor
401 Liberty Avenue
Pittsburgh, PA 15222
Telephone: (412) 288-2226