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State Net Capitol Journal Legislative Updates: Ohio Governor Signs Law Requiring Lake Erie Water Permits

ENVIRONMENT: The NORTH CAROLINA Senate approves SB 820, legislation that would legalize the natural gas drilling process known as hydraulic fracturing, or fracking, in the Tar Heel State. The measure moves to the House (NEWS & OBSERVER [RALEIGH]). • OHIO Gov. John Kasich (R) signs HB 473, which...

State Net Capitol Journal Legislative Updates: Natural Gas Fracking in Ohio and New York

KASICH SIGNS OH FRACKING BILL: Ohio Gov. John Kasich (R) signed sweeping energy legislation last week (SB 315) that among many provisions establishes new rules regulating natural gas drilling procedures in the Buckeye State. But some Republican lawmakers are already planning to challenge the governor...

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...

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...

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...

Norton Rose Fulbright Fracking Blog: House Democrats Request Hearing On Induced Seismicity

By Barclay Nicholson Reps. Henry Waxman (D-Calif.), ranking member of the House Energy and Commerce Committee, and Peter DeFazio (D-Ore.), ranking member of the House Committee on Natural Resources, issued a letter to their Republican counterparts requesting a joint hearing on the issue of seismic...

Babst Calland: Utica Shale Gas Production Surges in Quarterly Update

By Michael T. Altvater The Ohio Department of Natural Resources released its first quarterly production update thanks to a new law that requires production to be reported on a quarterly versus annual basis. The report showed that Ohio’s 245 horizontal wells produced a total of 1,332,477 barrels...

Babst Calland: Utica and Marcellus Formations to Provide Gas to TransCanada’s ANR Pipeline

By Leah R. LaFramboise TransCanada Corporation’s ANR Pipeline system has secured nearly 2.0 billion cubic feet per day of natural gas transportation commitments for the movement of oil and gas produced from the Utica and Marcellus formations through its Southeast Main Line. These contracts involve...

Babst Calland: Ohio EPA Issues Revised General Air Permits For Horizontal Drilling Sites Requiring More Aggressive Methane Leak Detection and Repair

By Joshua F. Hall As reported by the Akron Beacon Journal Online on April 4, 2014, the Ohio Environmental Protection Agency issued revised general permits for the installation and operation of air contaminant sources at oil and gas horizontal well sites to address methane gas released from valves...

McNees Insights: Post-Production Issues and Oil & Gas Leases

By J. Corey Reeder So your oil and gas lease has now converted from the primary term to the secondary term – now what? There are several issues that a landowner or mineral interest owner should be aware of at this stage of the lease. Specifically, you should analyze the Declaration of Pooling...

Babst Calland: Ohio Appeals Court Issues Dormant Mineral Act Ruling

By Michael T. Altvater The Seventh District Court of Appeals issued a ruling concerning application of the Ohio Dormant Mineral Act. In Walker v. Noon , the appeals court upheld the ruling of a Noble County trial court finding that the 1989 version of the Dormant Mineral Act applied and that a severed...

Babst Calland: Legislation Proposed to Strengthen Penalties for Oil and Gas Violations in Ohio

By Benjamin J. Bolinger Ohio House Bill 490 , which would strengthen penalties for violating Ohio’s oil and gas regulations, is now pending before the Ohio House agriculture committee. The bill was introduced in response to illegal dumping of oil field waste. Industry officials have so far indicated...

Steptoe & Johnson PLLC: Ohio Appellate Court Adopts Fixed ‘Look Back’ Period For 1989 Dormant Mineral Act

In the recent 7th District Court of Appeals case of Eisenbarth v. Reusser , 7th Dist. Monroe No. 13 MO 10, 2014-Ohio-3792 [ enhanced opinion available to lexis.com subscribers ], the court determined that the “look back” period for the 1989 Dormant Mineral Act (“DMA”) was fixed...

Babst Calland: Ohio DNR Opens Comment Period for Draft Rules on Well Pad Construction

By Michael T. Altvater The Ohio Department of Natural Resources has opened the comment period on its draft rules for the construction of horizontal well sites. All interested parties may submit comments in writing by the close-of-business on Monday, October 06, 2014 to dogrm.rules@dnr.ohio.gov . ...

Babst Calland: Sunoco Moves Forward With Marcellus/Utica Pipeline

By Elena L. Rorabaugh Fox Business reported that Sunoco Logistics Partners will invest $2.5 billion in the Mariner East 2 pipeline, which will carry natural gas liquids from the Marcellus and Utica Shale plays to an East Coast port. Mariner East 2 will connect processing plants in Pennsylvania, West...

Babst Calland: Ohio Supreme Court Accepts Major Oil and Gas Lease Busting Case for Review

By Michael T. Altvater The Ohio Supreme Court accepted jurisdiction over Hupp v. Beck Energy , an important Ohio case involving the interpretation of oil and gas leases. The case involves a challenge by landowners in Monroe County to a standard form oil and gas lease. The landowners argued that the...

Babst Calland: Ohio Supreme Court Schedules Oral Argument in Dormant Mineral Act Cases

By Michael T. Altvater The Ohio Supreme Court scheduled oral argument in two significant Dormant Mineral Act (“DMA”) cases. Oral argument has been scheduled on Corban v. Chesapeake Exploration, L.L.C. for May 6, 2015. As previously reported on ShaleEnergyLawBlog, the Corban case is likely...

Babst Calland: Ohio Appeals Court Reaffirms Decision in Hupp v. Beck Energy Corp.

By Michael T. Altvater The Seventh District Court of Appeals has reaffirmed its prior decision in Hupp v. Beck Energy Corp . [ enhanced opinion available to lexis subscribers ]. In Belmont Hills Country Club v. Beck Energy Corp. [ enhanced opinion ] and Bentley v. Beck Energy Corp [ enhanced opinion...