Justin H. Werner

Justin is a partner in the firm’s Energy & Natural Resources Group and focuses his practice on all aspects of oil and gas law, representing energy clients on a range of litigation issues relating to the production of natural gas throughout the Appalachian region. He represents natural gas companies in Pennsylvania and Ohio courts and in arbitrations on royalty disputes, lease and title disputes, joint operating agreement disputes, and contractor service provider disputes. In particular, Justin is focused on the defense of class action litigation in both Pennsylvania and Ohio. In addition, he provides counseling to exploration and production companies regarding royalty and lease obligations, management of lease assets, and other development and maintenance issues. Justin also represents pipeline companies and natural gas storage operators in encroachment disputes and condemnation litigation in both federal and state courts.

Experience

Representative matters

Currently represents an oil and gas exploration and production company in multiple putative class action lawsuits pending in Pennsylvania federal district court challenging royalty calculations and post-production costs.

Currently represents an oil and gas exploration and production company in a putative class action lawsuit pending in Ohio federal district court, challenging the deduction of various post-production costs.

Currently represents a non-operator in a class certification lawsuit challenging in Pennsylvania federal district court challenging various aspects of the royalty calculations.

Currently representing an oil and gas production company in a putative class action pending in Ohio asserting lease-based development claims.

Currently represents oil and gas production companies in numerous pending private arbitrations in Pennsylvania and Ohio, asserting challenges to royalty calculations, sales methodologies, allocation methodologies, and other payment and lease-based claims.

Represented oil and gas exploration and production company in a class action dispute and settlement of class action claims relating to royalty calculations in Pennsylvania federal district court.

Obtained multiple favorable arbitration rulings for oil and gas production companies on issues of royalty calculations and post-production costs.

Obtained favorable arbitration ruling for oil and gas production company in a dispute over preferential rights under an operating agreement.

Obtained favorable ruling from Pennsylvania federal district court regarding interpretation of shut-in provisions in oil and gas lease.

Prevailed in a non-jury bench trial in Pennsylvania state court regarding claims of reasonableness of surface use in connection with Marcellus well development.

Represented oil and gas production company in Ohio state court and on appeal to the Ohio Seventh District Court of Appeals, resulting in the affirmance of a trial court decision finding that mineral interests were not preserved under the Ohio Dormant Mineral Act.

Represented oil and gas production company in private arbitration and in appeal to Pennsylvania federal district court, resulting in the upholding of an arbitration award finding that royalty calculations complied with terms of oil and gas lease.

Represented an exploration and production company in Ohio state court and on appeal to the Ohio Seventh District Court of Appeals, resulting in an affirmance of trial court decision upholding an extension of the primary terms of oil and gas leases.

Represented an exploration and production company in federal courts in Ohio and West Virginia, and in an appeal to the United States Court of Appeals for the Sixth Circuit, relating to oil and gas lease extensions, and obtained favorable summary judgment rulings and a published appellate opinion affirming the district court rulings.

Obtained favorable rulings from the Ohio Seventh District Court of Appeals and the Ohio Supreme Court on behalf of an exploration and production company regarding the interpretation of the term and delay rentals provisions in common oil and gas lease forms.

Obtained a favorable ruling from a federal magistrate judge upholding a gas producer’s pro-rata allocation of post-production costs to a class of landowners under Pennsylvania law.

Obtained a favorable ruling from a Pennsylvania trial court upholding the pro-rata allocation of post-production costs to a class of landowner, resulting in the dismissal of a putative class action lawsuit on summary judgment.

Obtained a favorable result in a multi-day arbitration involving claims to terminate oil and gas lease with active Marcellus wells and seeking compensatory damages.

Obtained a favorable result in an arbitration proceeding involving challenges to the unitization of property with both active and future planned lateral wells.

Obtained a favorable result in an arbitration proceeding involving claims for payment under a Favored Nation Clause.

Represented a large oil and gas producer in a bench trial involving a claim to a preferential right to purchase Marcellus Shale interests in central Pennsylvania.

Represented an interstate pipeline company in litigation that secured a preliminary injunction from federal court to permit seismic testing over objections of lessor.

Successfully represented a large natural gas storage company in a federal condemnation action under the Natural Gas Act to obtain natural gas storage rights from hundreds of landowners.

Successfully defended an oil and gas production company from personal injury claims arising from the drilling of a natural gas well asserted by the estate of a deceased employee of a drilling contractor.

Successfully represented utility company obtaining dismissal of claims in a gas explosion case and securing affirmance of dismissal on appeal.

Recognitions

Ranked in Chambers USA for Pennsylvania Energy & Natural Resources, Resources (Band 1 since 2022), 2021-2025
Recognized by the Pittsburgh Business Times in its Who’s Who in Energy list, 2014-2017
Selected for inclusion on the Pennsylvania Super Lawyers Rising Stars list for Energy & Natural Resources, 2013-2020

Credentials

Education

University of Pittsburgh School of Law, 2006, J.D., magna cum laude; Order of the Coif , Managing Editor, University of Pittsburgh Law Review, 2005-2006
Pennsylvania State University, 2003, B.S., Civil Engineering, with honors and distinction; Schreyer Honors Scholarship; Frank Holzer Civil Engineering Academic Scholarship; Dean’s List, seven semesters, Thesis: “Evaluation of Chloride Penetration in Concrete”