Babst Calland: Ohio Decision Results in Victory for Oil and Gas Producers

By Jason M. Zoeller

An Ohio trial court issued a decision in Marshall v. Beekay Company. The case involved an action seeking declaratory judgment as to leasehold rights for formations below the Germantown Sand Formation. The court ruled that there was no breach of the implied covenant to reasonably develop, or actual abandonment, of the rights to deeper geological formations when production was only found in “paying quantities” for formations located above the Germantown Sand Formation. The ruling is important for oil and gas producers against landowners seeking to terminate those portions of oil and gas leases covering the rights to deeper geological formations because of an alleged breach of the implied covenant to reasonably develop them when only shallower formations are being explored and produced.

Copyright 2014 • Babst, Calland, Clements and Zomnir, P.C. • Two Gateway Center, Pittsburgh, PA 15222 • 412-394-5400 • Administrative Watch is privately distributed by Babst, Calland, Clements and Zomnir, P.C., for the general information of its clients, friends and readers. It is not designed to be, nor should it be considered or used as, the sole source of analyzing and resolving legal problems. If you have, or think you may have, a legal problem or issue relating to any of the matters discussed in the Administrative Watch, consult legal counsel.

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