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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...

Ohio Announces Additional Permitting Requirements For Horizontal Drilling

By Michael T. Altvater The Ohio Department of Natural Resources has changed permitting requirements after finding a probable connection between horizontal drilling activity near a previously unknown microfault and recent seismic activity in the Mahoning County area. Moving forward, any new permits...

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: 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...

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 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: 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: 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...

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: 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...