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Category Archives: Energy

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Supreme Court of Ohio Further Clarifies Exception Under the Marketable Title Act in Erickson v. Morrison

Posted in Energy
On March 16, 2021, the Supreme Court of Ohio expanded upon its prior decision in Blackstone v. Moore, 2018-Ohio-4959, holding that a reference in a deed that described a previously severed mineral interest, but without identifying the name of the interest owner, was specific under R.C. 5301.49(A), and thus prevented the extinguishment of the interest… Continue Reading

Ohio EPA Division of Air Pollution Control hosts Program Advisory Group Meeting

Posted in Energy, Environment
On January 20, 2021, the Ohio EPA’s Division of Air Pollution Control (DAPC) hosted a “Program Advisory Group” (PAG) meeting via Microsoft Teams to inform interested stakeholders of recent and upcoming DAPC activities. The topics discussed during the PAG meeting included: anticipated regulatory changes to address non-attainment of the 2015 Ozone National Ambient Air Quality… Continue Reading

Registration Renewal Update for Ohio’s Land Professionals

Posted in Energy
The Ohio Department of Commerce, Division of Real Estate & Professional Licensing (the “Division”), recently informed Ohio’s “land professionals” (i.e., oil and gas landmen registered with the Division) that their current registrations remain valid until July 1, 2021 pursuant to House Bill 404. In order to maintain their registrations, land professionals must renew them no… Continue Reading

U.S EPA Publishes Final Rule Overturning ‘Once In, Always In’ Policy for Major Sources of HAPs

Posted in Energy, Environment
This post is an update to our October 2, 2020 blog post regarding U.S EPA’s final rule overturning U.S. EPA’s ‘Once In, Always In’ policy for major sources of hazardous air pollutants. Notably, the final rule was published in the November 19, 2020 Federal Register and, thus, the rule becomes effective on January 19, 2021.… Continue Reading

Upcoming Deadline for Renewal of Ohio Land Professional Registrations

Posted in Energy
The Ohio Department of Commerce, Division of Real Estate & Professional Licensing, recently reached out to Ohio’s “land professionals” (i.e., oil and gas landmen registered with the Division) concerning the renewal of their registrations. Pursuant to House Bill 197, land professionals must file their renewal paperwork with the Division on or before December 1, 2020.… Continue Reading

Supreme Court of Ohio Accepts Appeals from Fifth and Seventh District Courts of Appeals in Oil and Gas Title Cases

Posted in Energy
On September 29, 2020, the Supreme Court of Ohio accepted appeals from the Fifth District Court of Appeals’ decisions in Peppertree Farms, L.L.C. v. Thonen, Case No. 2020-Ohio-3042, and Peppertree Farms, L.L.C. v. Thonen, Case No. 2020-Ohio-3043, as well as the Seventh District Court of Appeals’ decision in Fonzi v. Miller, Case No. 2020-Ohio-3739.  In… Continue Reading

U.S. EPA Issues Final Rule Overturning ‘Once In, Always In’ Policy for Major Sources of Hazardous Air Pollutants

Posted in Energy, Environment
This post provides an important update to our January 2018 Client Alert regarding U.S. EPA’s ‘Once In, Always In’ policy for major sources of hazardous air pollutants (HAPs). On October 1, 2020, U.S. EPA issued a final rule amending the general provisions of the National Emission Standards for Hazardous Air Pollutants (NESHAP), at 40 CFR… Continue Reading

D.C Circuit Court Stay’s U.S. EPA’s Amendments to New Source Performance Standards for Oil/Gas Industry

Posted in Energy, Environment
This post provides important updates to our August 17, 2020 post regarding U.S. EPA’s amendments to the 2012 and 2016 New Source Performance Standards (NSPS) for the Oil and Natural Gas Industry (40 CFR 60, Subpart OOOO and 40 CFR 60, Subpart OOOOa). First, U.S. EPA published the final amendments in the Final Register on… Continue Reading

Supreme Court of Ohio to Hear DMA Case

Posted in Energy
The Supreme Court of Ohio accepted a case involving the Ohio Dormant Mineral Act (ODMA), Fonzi v. Brown, but held the case until the Court decides Gerrity v. Chervenak. In Fonzi, the Court will consider issues over the extent of a landowner’s duty to exercise reasonable diligence in notifying mineral owners of an abandonment under… Continue Reading

Court of Appeals Again Addresses the Level of Due Diligence Required under the Ohio Dormant Mineral Act

Posted in Energy
On June 1, 2020, the Seventh District Court of Appeals once again addressed the level of diligence required to identify holders of a severed mineral interest under the 2006 version of Ohio’s Dormant Mineral Act (2006 DMA). In Fonzi v. Gary D. Brown & Eclipse Res., 2020-Ohio-3631, the appellee-surface owner filed his notice of abandonment… Continue Reading

U.S. EPA Proposes Rule Governing Cost Benefit Analysis for Significant CAA Regulations

Posted in Energy, Environment
On June 4, 2020, U.S. EPA proposed a rule to improve the consistency and transparency of benefit cost analyses (BCAs) for all “significant” proposed and final regulations under the Clean Air Act (CAA). The proposed rule, developed in response to comments on U.S. EPA’s June 12, 2018 Advance Notice of Proposed Rulemaking and Administrator Wheeler’s… Continue Reading

U.S. EPA Finalizes Amendments to Rules Governing CWA 401 Water Quality Certification Process

Posted in Energy, Environment
On June 1, 2020, U.S. EPA finalized amendments to the rules governing the Clean Water Act (CWA) Section 401 water quality certification (WQC) process, which had not been updated since 1971. The final amendments establish a more robust framework for the WQC process which is intended, in large part, to ensure that certifying agencies take… Continue Reading

Sixth Circuit Rules for Producer in Royalty Dispute

Posted in Energy
On May 21, 2020, the Sixth Circuit Court of Appeals ruled for a lessee in an oil and gas lease dispute, finding that the lessee properly considered post-production costs when calculating the landowners’ royalties.  See Henceroth v. Chesapeake Exploration, LLC, 6th Cir. No. 19-3942. The lessee, Chesapeake Exploration (Chesapeake), produced oil and gas from the… Continue Reading

Ohio Appellate Court Holds that Words of Inheritance are Required to Reserve Oil and Gas Interests

Posted in Energy
Recently, in Peppertree Farms v. Thonen, 2020-Ohio-3043, Ohio’s Fifth Appellate District considered whether certain ancient royalty and fee oil and gas reservations terminated upon the grantor’s death. The Court held that they did because the grantors failed to include words of inheritance in their reservation clauses. As a result, each grantor’s reserved oil and gas… Continue Reading

Update Regarding Ohio Land Professional Registrations

Posted in Energy
The Ohio Department of Commerce, Division of Real Estate & Professional Licensing, recently reached out to Ohio’s “land professionals” (i.e., oil and gas landman registered with the Division) concerning renewing their registerations. Ohio law requires land professionals to renew their registrations annually on or before April 30. However, in light of House Bill 197, land… Continue Reading

U.S. EPA and Army Corps Publish Final Navigable Waters Protection Rule

Posted in Energy, Environment
On April 21, 2020, U.S. EPA and the Army Corps of Engineers published the final Navigable Waters Protection Rule amending the definition of “Waters of the United States” (the “2020 WOTUS Rule”). Under the 2020 WOTUS Rule, four categories of jurisdictional WOTUS are subject to regulation under the Clean Water Act (CWA): 1. The territorial… Continue Reading