LexisNexis® Legal Newsroom
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...

Babst Calland: Ohio Considers New Rules for Oil, Gas Wastewater Storage

State officials are considering new rules to regulate storage of wastewater used to stimulate wells for the production of oil and gas. The new rules would potentially create new options for shale well producers to store millions of gallons of water in lagoons so that it can be cleaned and re-used in...

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: Advocates From Pa., Ohio, West Virginia Urge Common Approach To Shale Gas Taxation

By Joshua F. Hall As reported by Pittsburgh’s NPR News Station, 90.5 WESA, three advocacy groups, Leaders of Policy Matters Ohio, the Pennsylvania Budget and Policy Center, and the West Virginia Center on Budget & Policy, sent a letter to the governors of Ohio, Pennsylvania and West Virginia...

Babst Calland: Ohio Supreme Court Accepts Jurisdiction in Dormant Mineral Act Case

By Michael T. Altvater The Ohio Supreme Court has accepted jurisdiction of a discretionary appeal in Dodd v. Croskey , which involves Ohio’s Dormant Mineral Act (“DMA”). Under the DMA there are several “savings events” which may occur in the previous twenty years that...

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...

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 Adopts Oil And Gas Regulatory Changes In Its Biennial Budget Legislation

By David E. Northrop Ohio’s biennial budget legislation, House Bill 64 , signed by the Governor on June 30, 2015, includes changes and additions to Ohio’s oil and gas regulatory program appearing in Chapter 1509 of the Revised Code. The changes and additions take effect on September 29...

Babst Calland: Ohio Oil And Gas Commission Affirms Orders Suspending Operation Of An Injection Well Due To Low-Level Seismic Events

By David E. Northrop The Ohio Oil and Gas Commission rendered a decision on August 12, 2015, affirming two orders of the Chief of the Division of Oil and Gas Resources Management that suspended operation of an injection well operated by American Water Management Services in Trumbull County, Ohio....

Babst Calland: Ohio Oil and Gas Commission Issues First Decision on Forced Pooling

By Michael T. Altvater The Ohio Oil and Gas Commission issued its first decision under R.C. 1509.28 to provide for the compulsory pooling of property for oil and gas unit operations. In Gary L. Teeter Revocable Trust v. Division of Oil & Gas Resources Management , the Ohio Oil and Gas Commission...

Babst Calland: Ohio Judge Rules in Favor of Permitting Surveys in NEXUS Pipeline Case

By Michael T. Altvater The Medina County Court of Common Pleas issued a decision allowing surveys to be completed on tracts of land along the proposed NEXUS pipeline route. In Nexus Gas Transmission, LLC v. Houston , the Court ruled that the plain language of Chapter 163 of the Ohio Revised Code provides...