OH Supremes Bounce Dominion “Unjust Enrichment” Case to PUCO

We recently became aware of an Ohio Supreme Court decision that affects producers (i.e., drillers) and, by extension, potentially affects royalties for landowners and rights owners. In E. Ohio Gas Co. v. Croce, the Supreme Court affirmed that the Public Utilities Commission of Ohio (PUCO) has exclusive jurisdiction over claims brought by natural gas producers against Dominion Energy. The producers alleged conversion and unjust enrichment, claiming Dominion sold their excess gas without compensation. The producers tried to litigate the matter in the courts. But the Supreme Court ruled that, in these types of cases, PUCO has primary jurisdiction—not the courts.

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