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Tag Archives: Utica

Recent Ohio Oil and Gas Decisions

Posted in Energy
Over the last several weeks, Ohio courts issued a few decisions involving oil and gas issues that we wanted to briefly mention: Schillo v. Chesapeake Exploration, LLC (Harrison Cty. C.P., Oct. 16, 2017) – Here, the dispute was whether the lessee properly extended an oil and gas lease through the tender of delay rental payments. … Continue Reading

Eclipse Res.—Ohio, LLC v. Madzia

Posted in Energy
Last week, the United States Sixth Circuit Court of Appeals issued its decision in Eclipse Res.—Ohio, LLC v. Madzia, concerning a dispute between a landowner and a lessee regarding the latter’s drilling rights.  Among other things, the court found: The lease, which conveyed to the lessee a broad grant of rights to use the landowner’s… Continue Reading

Supreme Court of Ohio to Hear Landman Licensing Case

Posted in Energy
In March, we posted about Dundics v. Eric Petroleum Corp., a decision by Ohio’s Seventh District Court of Appeals ruling that landmen were required to obtain real estate broker’s licenses in order to sue for compensation for brokering deals between landowners and oil and gas companies.  Today, the Supreme Court of Ohio agreed to review… Continue Reading

Ohio Court Elaborates on Paying Quantities Test

Posted in Energy
On June 16, 2017, Ohio’s Seventh District Court of Appeals issued its decision in Paulus v. Beck Energy Corp. 2017-Ohio-5716, which addresses a number of issues concerning Ohio’s standard for determining whether an oil and gas lease is producing in “paying quantities,” a test that must ordinarily be met in order to continue a lease during its… Continue Reading

Court Clarifies which References are “Specific” for Purposes of Applying the Ohio Marketable Title Act

Posted in Energy
Ohio’s Seventh District Court of Appeals recently interpreted a statutory exception to “marketable record title” under Ohio’s Marketable Title Act (R.C. 5301.47 et seq.) (OMTA). In Blackstone v. Moore, 2017-Ohio-5704, the court held that whether a reference to an interest inherent in the muniments of the chain of record title is “specific” – and thus… Continue Reading

Appellate Court Holds a Recorded Release of an Oil and Gas Lease is a “Savings Event” under the Ohio Dormant Mineral Act

Posted in Energy
In Davis v. Consolidation Coal Company, 2017-Ohio-5703, Ohio’s Seventh District Court of Appeals held that a recorded release of an oil and gas lease qualifies as a “savings event” under the Ohio Dormant Mineral Act (R.C. 5301.56) (ODMA). One of the six savings events under the ODMA occurs whenever the mineral interest has been the subject… Continue Reading

Bohlen v. Anadarko

Posted in Energy
On June 1, 2017, the Supreme Court of Ohio issued its decision in Bohlen v. Anadarko. We summarized the facts of this case in our earlier post: The Bohlens entered into a lease with Alliance in 2006 for a one year primary term.  Paragraph 3 of the lease contained a delay rental provision: This lease,… Continue Reading

Ohio Court Rules Landmen Need to be Licensed Real Estate Brokers to Receive Compensation

Posted in Energy
Ohio’s Seventh District Court of Appeals recently held that landmen are subject to the requirements of R.C. Chapter 4735 requiring real estate broker’s licenses in order to be entitled to compensation for brokering deals with landowners on behalf of oil and gas companies. In Dundics v. Eric Petroleum Corp., plaintiff landmen alleged that they were… Continue Reading

Bohlen v. Anadarko

Posted in Energy
Earlier this week, the Supreme Court of Ohio heard oral arguments in Bohlen v. Anadarko.  The Bohlens entered into a lease with Alliance in 2006 for a one year primary term.  Paragraph 3 of the lease contained a delay rental provision: This lease, however, shall become null and void and all rights of either party… Continue Reading

New Pipelines to Increase Ohio Natural Gas Takeaway Capacity

Posted in Energy
Ohio producers will soon be able to transport more natural gas out of the state.  In a recent article, the U.S. Energy Information Administration (EIA) summarized several pipeline projects that are in various stages of development.  According to the EIA, these projects could add an additional 6.8 billion cubic feet per day (Bcf/d) of takeaway… Continue Reading

Sixth Circuit Dismisses Oil and Gas Leasing Complaint against MWCD

Posted in Energy
In a recent decision, Harper v. Muskingum Watershed Conservancy Dist., the Sixth Circuit Court of Appeals dismissed a qui tam action brought under the False Claims Act (FCA), 31 U.S.C. 3729, against the Muskingum Watershed Conservancy District (MWCD).  MWCD received property through a deed from the United States government.  The deed contained restrictions providing that the… Continue Reading

EIA’s September Drilling Productivity Report

Posted in Energy
EIA’s September Drilling Productivity Report shows a modest decline in Utica shale production through October 2015. The Report forecasts that oil production will decrease by 1 Mbbl per day while gas production will decrease by 4 MMcf per day.   Production from new wells in the Utica shale (i.e. wells that have entered production in the previous… Continue Reading

Ohio: 2Q 2015 Horizontal Shale Production

Posted in Energy
The Akron Beacon Journal has summarized some of the data from a report by the Ohio Department of Natural Resources, Division of Oil and Gas, on the state’s horizontal shale production for the second quarter of 2015. Some of the interesting tidbits: Guernsey County was the top oil producing county, followed by Carroll, Harrison, Noble… Continue Reading

Ohio Secretary of State Refuses to Place Proposed County Charter Petitions Banning Oil and Gas Activities on the November Ballot

Posted in Energy
On Thursday, August 13, Secretary of State John Husted issued a decision finding that the proposed charter petitions for Athens, Fulton and Medina counties are invalid.  The secretary’s decision tracked analysis provided by Vorys’ attorneys Jonathan Airey, Gregory Russell, Lisa Babish Forbes and Aaron Williams in an amicus brief submitted on behalf of the Ohio… Continue Reading

EIA: Marcellus and Utica Account for 85% of Increase in Natural Gas Production Since 2012

Posted in Energy
The U.S. Energy Information Administration (EIA) reports that since 2012, the Marcellus and Utica shale plays have accounted for 85% of the increase in U.S. natural gas production. The EIA attributes this growth to a number of factors, including greater use of advanced drilling techniques, increased number of stages used in hydraulic fracturing operations, increased… Continue Reading

Supreme Court of Ohio to Hear Oral Arguments in Dormant Mineral Act Case Tomorrow Morning

Posted in Energy
Tomorrow morning at 9:00 a.m., the Supreme Court of Ohio will hear oral arguments in another case involving interpretation of Ohio’s Dormant Mineral Right Act (the “DMA”).  In Walker v. Shondrick-Nau, 2014-0803, the Court will consider the following issues concerning the DMA: whether the 2006 version of the DMA is the only version of the DMA to be… Continue Reading