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Tag Archives: Oil and Gas

Ohio’s 5th Appellate District Addresses the Due Diligence Standard Under the Dormant Mineral Act

Posted in Energy
The Fifth Appellate District recently addressed whether an internet search to identify / locate the holders of severed mineral interests is always required under Ohio’s Dormant Mineral Act (“ODMA”). See, Gerrity v. Chervenak, 2019-Ohio-2687. In 1965, Jane Richards obtained title to certain severed mineral interests located in Guernsey County, Ohio (“Gerrity Minerals”). In 1997, Ms.… Continue Reading

Ohio Court of Appeals Addresses Interplay of Oil and Gas Lease and Statutory Unitization Order

Posted in Energy
On June 19, 2019, Ohio’s Seventh District Court of Appeals decided a case involving the interplay of a private oil and gas lease and Ohio’s statutory unitization law.  See Paczewski v. Antero Resources Corp., 18 MO 0016.  When signing an oil and gas lease, the original contracting parties struck a voluntary unitization clause.  Unable to… Continue Reading

U.S. EPA Finalizes New Owner Clean Air Act Audit Program for Oil and Natural Gas Sector

Posted in Energy, Environment
On March 29, 2019, U.S. EPA finalized a New Owner Clean Air Act (CAA) Audit Program for new owners of upstream oil and natural gas exploration and production facilities – i.e. well sites, tank batteries, and vapor control systems (the “Program”). The Program encourages new owners voluntarily to conduct a self-audit of newly acquired facilities,… Continue Reading

Pennsylvania Court Rules on Unfair Trade Practices as to Natural Gas Leasing

Posted in Energy
On March 15th, the Pennsylvania Commonwealth Court issued its opinion in Anadarko Petro. Corp. v. Pennsylvania, No. 60 C.D. 2018 (Pa. Commw. Ct. March 15, 2019), holding that the Pennsylvania Attorney General could file action for unfair lease negotiations under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (the “Unfair Trade Law”), but could not… Continue Reading

Court of Appeals Signals Ohio’s Marketable Title Act Applies to Fee Mineral Interests

Posted in Energy
Ohio’s Seventh District Court of Appeals was recently asked to analyze whether a fee oil and gas reservation can be extinguished under Ohio’s Marketable Title Act (the “MTA”). In Miller v. Mellott,  2019-Ohio-504,  two different groups claimed ownership over the oil and gas. The surface owners claimed title under the MTA. The mineral owners claimed… Continue Reading

Supreme Court of Ohio Clarifies Ohio Marketable Title Act

Posted in Energy
On December 13, 2018, the Supreme Court of Ohio clarified the preservation of interests under the Ohio Marketable Title Act (OMTA). See Blackstone v. Moore, Slip Opinion No. 2018-Ohio-4959. In its decision, the Court held that under the OMTA, a deed reference to a previously reserved royalty interest is sufficiently-specific to preserve that royalty interest where the… Continue Reading

Pennsylvania Supreme Court Continues Rulings Against Municipal Zoning Authority

Posted in Energy, Environment
On 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

FLSA Case Highlights the Importance of Wage-Hour Laws

Posted in Energy
A 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

Ohio Appellate Court: Oil and Gas Lease Expiration Claims Governed by 15-Year Contract Statute of Limitations

Posted in Energy
In 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

Supreme Court of Ohio Rules Youngstown Anti-Fracking Measure Must Be Placed on the May 2018 Ballot

Posted in Energy
The 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

Ohio Division of Oil and Gas Invites Comments on Revised Well Spacing Rules

Posted in Energy
Today, 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

Court of Appeals Addresses Notice Requirement Under 2006 DMA

Posted in Energy
Recently, 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

Supreme Court of Ohio Takes Up Marketable Title Act

Posted in Energy
On 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

West Virginia Co-Tenancy Bill Signed into Law

Posted in Energy
On 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

Supreme Court of Ohio Rejects Constitutional Challenge to Unitization Order

Posted in Energy
On January 30, 2018, the Supreme Court of Ohio rejected a constitutional challenge to a statutory unitization order issued by the Ohio Department of Natural Resources, Division of Oil and Gas Resources Management. In State ex rel. Kerns v. Simmers, the Division issued an order under Ohio’s unitization statute, R.C. 1509.28, that consolidated the relators-landowners’… Continue Reading

PA DEP Halts Mariner East II Pipeline

Posted in Energy
Yesterday, the Pennsylvania Department of Environmental Protection halted construction of Sunoco Logistic LP’s Mariner East II pipeline, citing violations of environmental laws, reports the Pittsburgh Tribune-Review: Sunoco violated its permits, using unauthorized drilling methods that leaked nontoxic drilling fluid into trout streams and water wells across the state, according to the DEP. The state discovered… Continue Reading

Ohio Appellate Court Finds The Duhig Rule Persuasive

Posted in Energy
In Talbot v. Ward (2017-Ohio-9213), Ohio’s Seventh District Court of Appeals found the Duhig rule “persuasive” in interpreting a deed containing an exception for royalties, bonuses, and rentals. The Duhig rule, first enacted in Texas in 1940, bars a grantor and his successors and assigns from claiming title in a reserved fractional mineral interest when doing so would, in effect,… Continue Reading