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...

U.S. EPA Creates Uncertainty in Appalachia with Air Quality Permitting Memorandum

By Armando F. Benincasa In the face of the Sixth Circuit Court of Appeals decision in late 2012 which struck down United States Environmental Protection Agency's (USEPA) use of "functional relatedness" in determining whether sources of air emissions should be aggregated for purposes...

Steptoe & Johnson PLLC: Ohio EPA Could Change Air Permits for Oil and Gas Well Sites

By Katerina E. Milenkovski Ohio Environmental Protection Agency (EPA) has recently proposed several changes to its general permits for oil and gas well site production operations. These changes would: Incorporate requirements from the recently issued New Source Performance Standards (NSPS),...

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: Know How: Oil and Gas Regulation Sole Domain of State of Ohio

By Katerina E. Milenkovski, Of Counsel (Originally printed in the ABA Litigation News) The state of Ohio has the exclusive authority to regulate oil and gas drilling, according to an Ohio appellate court that rejected attempts by a city to impose additional requirements as a matter of “home...

Steptoe & Johnson PLLC: Implied Covenant to Develop in Ohio Negated by Express Language in Lease: Bilbaran Farm Inc. v. Bakerwell Inc., et al.

By Timothy M. McKeen and Jason Lucas On June 12, 2013, Ohio's Fifth District Court of Appeals held that a general waiver of implied covenants in an oil and gas lease negates the lessee’s duty to develop other formations and acreage ( Bilbaran Farm, Inc. v. Bakerwell, Inc., et al. , No. 12...

Steptoe & Johnson PLLC: Legislative Changes to Ohio’s Dormant Mineral Act and Lease Forfeiture Statute

By Timothy M. McKeen and Jason Lucas | Ohio House Bill 72 (“ HB 72 ”), effective January 29, 2014, outlines important changes to filing for lease forfeiture or mineral abandonment under Ohio's Dormant Mineral Act by making an individual who seeks to forfeit a lease or abandon minerals...

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 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...