By Ryan Elliott on Posted in Energy,EnvironmentOn December 11, 2018, USEPA and the Army Corps of Engineers proposed a new rule defining “water of the United States” (WOTUS) subject to USEPA/Army Corps jurisdiction under the Clean Water Act. The proposed rule would replace the 2015 WOTUS rule, which has been the subject of litigation across the country, with a more narrow… Continue Reading
By Jay Carr on Posted in EnergyEarlier this week, Ohio’s 7th District Court of Appeals again addressed the amount of diligence required to identify the holders of severed mineral interests under the 2006 version of Ohio’s Dormant Mineral Act (2006 DMA). In Sharp v. Miller, 2018-Ohio-4740, the Court reaffirmed its earlier ruling in Shilts v. Beardmore that the 2006 DMA only… Continue Reading
By Ryan Elliott on Posted in Energy,EnvironmentU.S EPA recently issued a draft guidance document titled Revised Policy on Exclusions from “Ambient Air” (Draft Guidance) in which the Agency revises its 1980 policy on the exclusion of certain areas from the scope of “ambient air” under the Clean Air Act. Under the National Ambient Air Quality Standards (NAAQS) program, “ambient air” is… Continue Reading
By Ryan Elliott on Posted in Energy,EnvironmentOn October 15, 2018, USEPA proposed amendments to the new source performance standards (NSPS) for the oil and natural gas sector at 40 CFR Part 60, Subpart OOOOa (“Subpart OOOOa”). The proposed amendments to Subpart OOOOa are a result of USEPA’s reconsideration of certain aspects of Subpart OOOOa in 2017. Specifically, the proposed amendments address… Continue Reading
By Ryan Elliott on Posted in Energy,EnvironmentOn October 1, 2018, the 5th Circuit Court of Appeals upheld the dismissal of claims for civil penalties for violations of the Clean Air Act’s (“CAA”) major source Preconstruction permit requirement (CAA § 165(a); 42 U.S.C. § 7475(a)) because the claims were filed more than five years after the claim accrued, but held that the… Continue Reading
By Natalia Cabrera on Posted in Energy,EnvironmentOn September 21, 2018, the Ohio Supreme Court held in State ex rel. Twitchell et al. v. Saferin et al., that the Lucas County Board of Elections (BOE) did not abuse its discretion in denying a writ of mandamus to place a proposed amendment to the Toledo City Charter on the November ballot. Slip Opinion… Continue Reading
By Jay Carr on Posted in EnergyYesterday, September 25, 2018, the Supreme Court of Ohio issued the decision of Dundics v. Eric Petroleum Corporation, 2018-Ohio-3826, which could have broad implications for third-party landmen, land companies and oil and gas producers in Ohio. In that decision, the Court held that the Ohio Real Estate Brokers’ statute, R.C. Chapter 4735, applies to transactions… Continue Reading
By Jay Carr on Posted in EnergyUnder the federal Fair Labor Standards Act, employees who are covered by the Act’s overtime provisions must receive overtime pay for hours worked over 40 in a workweek at a rate of not less than time and one-half their regular rate of pay. An employee who prevails in his or her lawsuit for unpaid overtime… Continue Reading
By Jay Carr on Posted in EnergyThe Supreme Court of Ohio held last week that a proposed voter initiative creating a Community Bill of Rights for the City of Columbus was properly excluded from the upcoming November 2018 ballot. State ex rel. Bolzenius v. Preisse, Slip Opinion No. 2018-Ohio-3708. The initiative, had it been included on the ballot and enacted into law,… Continue Reading
By Mac Taylor on Posted in EnergyOn August 6, 2018, the U.S. District Court in Wyoming upheld the vast majority of a Obama-era rule issued by the Department of Interior’s Office of Natural Resources Revenue against a challenge by the American Petroleum Institute (API). The Rule related to enforcement of noncompliance and civil penalties for parties that are subject to the Federal… Continue Reading
By Michael Vennum on Posted in Energy,EnvironmentOn August 3, 2018, the Pennsylvania Supreme Court vacated another municipal zoning decision favorable to oil and gas development. In its per curium order of Delaware Riverkeeper Network v. Middlesex Township (N0. 270 WAL 2017), the Supreme Court directed the Commonwealth Court to reconsider its previous decision upholding a local zoning ordinance that permitted oil… Continue Reading
By Ilya Batikov on Posted in EnergyIn Browne v. Artex Oil Co., Case No. 17 CA 20, the Fifth District recently determined that an action to declare an oil and gas lease terminated due to a lack of production was subject to a breach of contract statute of limitations period of either eight or fifteen years (for more, see here). On… Continue Reading
By Ilya Batikov on Posted in EnergyOn June 13, 2018, a federal district court rejected a takings challenge to a unit order issued by the Ohio Division of Oil and Gas Resources Management under the state’s statutory unitization law, R.C. 1509.28 The court found that “the statutory unitization procedure set forth in R.C. § 1509.28 operates to protect the correlative rights… Continue Reading
By Ilya Batikov on Posted in EnergyA newly filed collective action in Ohio federal court against an oil and gas company highlights the importance of wage-hour law compliance and the potential ramifications for failing to do so. The case, Casarez v. Producers Service Corp., pending in the U.S. District Court for the Southern District of Ohio, involves the proper calculation of… Continue Reading
By Michael Vennum on Posted in EnergyOn June 1, 2018, the Pennsylvania Supreme Court, in a 4 to 3 decision, held that, without first establishing a sufficient evidentiary record, a Township cannot permit oil and gas drilling in a zoning district unless that use is specifically authorized by the municipal zoning ordinance. In Gorsline v. Fairfield Twp. Board of Supervisors, the… Continue Reading
By Ilya Batikov on Posted in EnergyIn Browne v. Artex (May 31, 2018), Ohio’s Fifth District Court of Appeals held that a claim that an oil and gas lease expired for lack of production is governed by Ohio’s statute of limitation for contract claims—not the state’s longer statute of limitations for recovery of possession of real property. In Browne, the plaintiffs… Continue Reading
By Ilya Batikov on Posted in EnergyOn May 25, 2018, the United States Court of Appeals for the Second Circuit upheld a district court’s decision that Sabine Oil & Gas Corporation could reject certain gathering service agreements in bankruptcy. The agreements, with Nordheim Eagle Ford Gathering, LLC, provided that Nordheim would supply Sabine with certain gathering, transportation and treatment services for… Continue Reading
By Jay Carr on Posted in EnergyThe Supreme Court of Ohio ruled yesterday that the Mahoning County Board of Elections must place a proposed city charter amendment—the so-called “Youngstown Drinking Water Protection Bill of Rights”—on the May 2018 ballot, which includes several anti-fracking provisions. State ex rel. Khumprakob v. Mahoning Cty. Bd. of Elections, Slip Opinion No. 2018-Ohio-1602. According to the Court, “[t]he… Continue Reading
By Ilya Batikov on Posted in EnergyOn April 10th-11th, the Energy and Mineral Law Foundation (EMLF) will be hosting a Special Institute on Petrochemicals in Pittsburgh, PA. Among the speakers are Vorys’ own Allen Rutz and Dick Schwartz. To learn more or to register, click here.… Continue Reading
By Ilya Batikov on Posted in EnergyToday, the Ohio Department of Natural Resources, Division of Oil and Gas Resources Management invited comments on a draft rule package that would amend the Division’s existing well spacing rules for conventional and horizontal wells. As the Division explains in its Statement of Intent: The DOGRM intends to amend the existing well spacing rule by revising… Continue Reading
By Jay Carr on Posted in EnergyRecently, in Shilts v. Beardmore (2018-Ohio-863), the Seventh District Court of Appeals analyzed whether a surface owner complied with the notice requirement of the 2006 version of the Ohio Dormant Mineral Act (Revised Code 5305.56) (the “2006 DMA”). Under the 2006 DMA, in order to abandon a dormant mineral interest, a surface owner must first serve a notice of… Continue Reading
By Jay Carr on Posted in EnergyOn February 28, 2018, the Supreme Court of Ohio announced that it has accepted an appeal of Blackstone v. Moore (2017-Ohio-1639). Blackstone is a Seventh District Court of Appeals decision that analyzed the Ohio Marketable Title Act (R.C. 5301.47 et seq.) (the “OMTA”) and adopted a four factor test to determine whether a reference to an… Continue Reading
By Michael Vennum on Posted in EnergyOn Friday, March 9, 2018, West Virginia Governor Jim Justice signed into law a state statute permitting the leasing of oil and gas interests owned by seven or more “royalty owners,” if at least 75% of the owners agree to the lease. The law, which takes effect on July 1, 2018, eliminates the need to… Continue Reading
By Michael Vennum on Posted in EnergyIn its February 2018 unpublished decision of Woodhouse Hunting Club, Inc. v. Hoyt, the Pennsylvania Superior Court upheld yet another challenge to the Commonwealth’s unique, historical concept of “title washing.” Many oil and gas title attorneys are familiar with the concept, whereby reservations of oil and gas underlying “unseated” lands are erased following tax sales. The… Continue Reading
