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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: Another Ohio Trial Court Issues Dormant Mineral Act Ruling

By Michael T. Altvater The Belmont County Court of Common Pleas ruled that a recorded will is a title transaction for purposes of Ohio’s Dormant Mineral Act. In Albanese v. Batman the trial court held that a will recorded in the county recorder’s office qualifies as title transaction and...

Babst Calland: Ohio Shale Jobs Report Shows 79% Increase Since 2011

By Meredith L. Calfe The Ohio Department of Jobs and Family Services released its quarterly report on the shale industry last Friday. The report shows a 79% increase in core shale-related industry employment in Ohio over the last two years, with an additional 1.5% increase in ancillary jobs, such...

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 Dormant Mineral Act Case

By Michael T. Altvater The Ohio Supreme Court will review a key question of state law concerning application of the Dormant Mineral Act (“DMA”). In Corban v. Chesapeake Exploration, LLC , the United States District Court for the Southern District of Ohio certified the following questions...

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...

This is Real Law: Green Side Up: The Current State of Renewable Energy Mandates

By the Real Law Editorial Team With a hundred or so empty pop cans, you can comfortably heat a small building. Perforated and sealed end-to-end, those cans become a manifold inside a wood or metal frame with a clear panel sealed on the front. Solar energy is used to warm air that enters the unit...

Babst Calland: Ohio Governor Vows to Hike Drilling Tax

By Michael T. Altvater Ohio Governor John Kasich increased his rhetoric regarding a new severance tax on shale oil and gas production. So far, the legislature has opposed any additional increase in the severance tax that was passed in House Bill 375 in May of this year. Governor Kasich describes the...

Babst Calland: Ohio Appeals Court Overturns Trial Court in Perpetual Lease Case

By Michael T. Altvater The Seventh District Court of Appeals overturned the Monroe County trial court’s decision in Hupp v. Beck Energy Corporation finding that a standard oil and gas lease form was void as against public policy [ enhanced opinion available to lexis.com subscribers ]. The appeals...

Steptoe & Johnson PLLC: Ohio Appeals Court Overturns Ruling That Held Certain Oil And Gas Leases Were Void

In Hupp v. Beck , Ohio’s 7th District Court of Appeals overturned the trial court’s decision that certain oil and gas leases were void ab initio (i.e. at their inception) because the trial court considered them to be a “no term or perpetual lease” due to the delay rental provisions...

Babst Calland: Ohio’s 5th District Court of Appeals Weighs in on Dormant Mineral Act Issue

By Michael T. Altvater Ohio’s Fifth District Court of Appeals recently held that the 1989 version of Ohio’s Dormant Mineral Act applies to current disputes concerning ownership of severed mineral estates. The court in Wendt v. Dickerson followed previous rulings from the Seventh District...

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...

Babst Calland LLC: Ohio City Will Not Appeal Court Order Overturning Drilling Ban

By Michael T. Altvater The City of Broadview Heights will not appeal the ruling of the Cuyahoga County Common Pleas Court overturning the city’s voter-approved ban on new oil and gas drilling. The trial court relied on a recent decision from the Ohio Supreme Court in State ex rel. Morrison v...

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 Adopts Horizontal Well Site Construction Rules

By David E. Northrop The Ohio Department of Natural Resources (ODNR), Division of Oil and Gas Resources Management has adopted rules requiring the approval of plans for horizontal well sites prior to the construction or material modification of the sites. The rules, codified at OAC 1501:9-2-01, 1501...

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 Court Reaches Decision on Lease Forfeiture Action

By Michael K. Reer On August 14, 2015, the Ohio Fifth District Court of Appeals issued a decision in Armstrong v. Chesapeake Exploration, L.L.C. , deciding that the plaintiffs may not pursue an action seeking lease forfeiture based on the nonpayment of oil and natural gas royalties absent an explicit...

Ohio Supreme Court Denies Residents’ Writ; Fracking Ballot Initiatives Fail

COLUMBUS, Ohio — (Mealey’s) A divided Ohio Supreme Court on Sept. 16 denied a writ of mandamus sought by residents who wanted to compel the Ohio secretary of State to reverse his decision and place on the November ballots for three counties charter measures that would allow voters to pass...

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...

Babst Calland: Rice and Gulfport Enter Into Midstream Joint Venture in Utica Shale

By Brittany A. Roof As reported by Oil and Gas Investor , Rice Midstream Holdings, LLC, a subsidiary of Rice Energy Inc., and Gulfport Energy Corporation have teamed up to build a pipeline gathering and water line system in Ohio’s Utica Shale. Over the next six years, the companies plan to spend...

Steptoe & Johnson PLLC: West Virginia Governor Signs 3-state Agreement Pledging Support for Ongoing Natural Gas Development in the Appalachian Basin

The Tri-State Shale Summit is a collaborative effort on behalf of Pennsylvania, Ohio, and West Virginia to bring together industry leaders to facilitate a discussion on the opportunities in the Marcellus and Utica Shale region. The Summit features engaging and enlightening panels and keynotes on topics...