Steptoe & Johnson PLLC: Ohio General Assembly Enacts Energy Bill That Addresses Hydraulic Fracturing

By R. Neal Pierce On May 24, 2012, the Ohio General Assembly enacted a comprehensive energy bill (Senate Bill 315) which addresses several provisions affecting the natural gas industry. The legislation has been forwarded to Governor John Kasich who is expected to sign the bill into law without delay...

Steptoe & Johnson PLLC: Ohio, Pennsylvania, Texas, West Virginia Ranked Globally in Petroleum Survey

By Kurt Krieger West Virginia ranked tenth, down from sixth in 2011; Ohio ranked 14th, down from second; and Pennsylvania ranked 34th, an improvement from 65th place in 2011 in the sixth annual Fraser Institute Global Petroleum Survey, published by the Canada-based think tank. Out of 147 jurisdictions...

State Net Capitol Journal Legislative Updates: Ohio Governor Continues to Push for Shale Fracking Tax

KASICH CONTINUES PUSH FOR DRILLING TAX: Ohio Gov. John Kasich (R) renewed his call to impose steeper oil and gas drilling taxes on out-of-state oil companies in order to pay for an income tax cut for Buckeye State residents, telling reporters, "The point is for out-of-state oil companies to pay...

William A. Ruskin on State Fracking Disclosure Requirements

By William A. Ruskin Opponents of fracking argue that it is necessary for the public, and health and safety professionals, to have full access to information on the constituents of hydraulic fracturing fluids and waste. In a report released on July 26, 2012 titled, " State Hydraulic Fracturing...

Babst Calland: Cincinnati Bans UIC Wells Within City Limits

On August 1, 2012, Cincinnati became the first locality in Ohio to ban underground injection wells. The City Council, citing an inability to assess the risks to public health, safety and welfare of injected waste, voted unanimously on Ordinance No. 314 to prohibit waste disposal by injection within the...

Fulbright & Jaworski LLP: Summit Petroleum: EPA's Aggregation of Oil and Gas Emissions Based on 'Mere Functional Relatedness' is Unreasonable

A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit* in Summit Petroleum Corporation v. U.S. Environmental Protection Agency (Nos. 09-4348; 10-4572) [ enhanced version available to lexis.com subscribers ] vacated EPA's order aggregating Summit's sour gas wells and sweetening...

Steptoe & Johnson PLLC: Regulatory Lead Time an Important Consideration in Development of Ohio Drilling Units

By Kathy Milenkovski and Neal Pierce During the past year, the Ohio Department of Natural Resources has conducted hearings on three applications for unitized operation under Ohio Revised Code 1509.28. Additional hearings are on the schedule for January 2013. This statutory provision, part of the oil...

State Net Capitol Journal: Ohio's $500 Billion Oil Resource Frustrating Drillers

The Utica Shale formation in eastern Ohio grabbed the national spotlight two years ago when the state's Department of Natural Resources estimated it held 5.5 billion barrels of recoverable oil, more than twice Yemen's oil resource and worth nearly $500 billion. But U.S. drillers that set up rigs...

Steptoe & Johnson PLLC: Ohio Attorney General Rules Counties May Sell Water to Oil and Gas Operators

The Ohio Attorney General's office was recently asked to give its opinion on a county's authority to sell water that is available to oil and gas drillers in need of large quantities of water for hydraulic fracturing purposes. Specifically, Harrison County had inquired about the legality of entering...

Steptoe & Johnson PLLC: PUC of Ohio Finalizes Rules Implementing SB 315’s New Requirements For Gas Gathering

By Kathy Milenkovski. On October 30, 2013, the Public Utilities Commission of Ohio (“PUCO”) finalized rules proposed late last year to implement new requirements brought about by the enactment of Senate Bill 315 and to clarify the applicability of the existing rules, in particular to gas...

Babst Calland: ODNR Releases 2012 Ohio Oil And Gas Summary

By Michael T. Altvater The Ohio Department of Natural Resources released its annual oil and gas summary for 2012. The summary provides a comprehensive review of oil and gas permitting, drilling and production activity across the entire state of Ohio. The report can be accessed here . Copyright...

Babst Calland: Ohio House Of Representatives Proposes Increase In Severance Tax

By Benjamin J. Bolinger A bill to increase the severance tax on oil and gas drilling has been proposed in the Ohio House of Representatives. House Bill 375 would increase the severance tax for horizontal shale wells to 1% for the first five years of production, and to 2% after five years, if production...

Babst Calland: Ohio Trial Courts Issue Additional Rulings on the Dormant Mineral Act

By Michael T. Altvater | Two Ohio trial courts issued new decisions on Ohio’s Dormant Mineral Act (“DMA”) addressing an unsettled issue of law concerning whether the 1989 or 2006 version of the DMA should apply to current disputes over the ownership of severed mineral rights. Both...

Steptoe & Johnson PLLC: Ohio Court Favors Surface Owner in Dormant Mineral Act Ruling

Walker v. Noon was recently decided by the Ohio Seventh District Court of Appeals. Walker is noteworthy because it is the first appellate level decision addressing the automatic reversion provision under the 1989 version of the Ohio Dormant Mineral Act (ODMA) [ enhanced version available to lexis.com...

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...

Babst Calland: Ohio Appellate Court Enforces Change In Ownership Clause in Lease

By Jessica L. Henry The Fifth District Court of Appeals affirmed the trial court’s decision in Trico Land Company, LLC v. Kenoil Producing LLC , upholding the right to have and enforce a change of ownership clause in an oil and gas lease. The case involved a property subject to a 2008 oil and...

Babst Calland: Ohio Trial Court Issues Dormant Mineral Act Decision

By Michael T. Altvater A Harrison County trial court issued a decision in a Dormant Mineral Act case addressing the issue of whether a release of an oil and gas lease is a title transaction affecting and preserving a severed mineral interest from being abandoned. The trial court in Schucht v. Bedway...

Babst Calland: Ohio Oil and Gas Production Soars

By Michael T. Altvater Oil and gas production increased by 640% from 2012 to 2013 according to a report published by the Ohio Department of Natural Resources. The one year increase was the largest in Ohio history and is the most natural gas that Ohio has produced since 1982. Much of the increase is...