OH Supreme Court Reverses “Drilled Too Deep” Decision TERA v Rice
Back in the summer of 2020, MDN told you about a lawsuit brought by an Ohio rights owner called TERA, an organization that owns the royalty rights for a number of leases with wells in Belmont County, OH, drilled by different producers, suing the producers for drilling into the Point Pleasant shale layer when the lease only mentions the Utica layer (see OH Landowners Sue Rice, Ascent, XTO, Gulfport for Drilling Too Deep). We have an important update on that lawsuit which potentially affects all Ohio landowners and drillers. Yesterday, the Ohio Supreme Court issued a ruling that overturns a Seventh District Court of Appeals decision upholding a lower court’s ruling in favor of the rights owner. The Ohio Supremes reversed the judgment of the Seventh District and remanded the case back to the trial court for further proceedings.
Read More “OH Supreme Court Reverses “Drilled Too Deep” Decision TERA v Rice”
Two weeks ago, during the week of April 29 – May 5, there were 16 new permits issued to drill in the Marcellus/Utica (and 26 the week before that). Last week, for May 6 – 12, there were just ten new permits issued. The trend has been going down for the past few weeks. Ascent Resources scored the most new permits last week, with six scattered between two well pads in Guernsey and Jefferson counties in Ohio. Coterra Energy received two new permits in Susquehanna County, PA. Antero Resources also received two permits, in Wetzel County, WV.
Ascent Resources, founded as American Energy Partners by gas legend Aubrey McClendon, is a privately held company focusing 100% on the Ohio Utica Shale. Ascent, headquartered in Oklahoma City, OK, is Ohio’s largest natural gas producer and the 8th largest natural gas producer in the U.S. The company issued its first quarter 2024 update yesterday. The company boasts that 70% of the Ohio Utica’s top 40 wells (by production, converted to equivalents) were drilled by Ascent. A statement by CEO Jeff Fisher in the update says the company remains focused on “costs, efficiencies and margins” in 2024 in order to drive free cash flow.
A royalty case that took nearly four years and hundreds of filings by both sides was finally decided by an Ohio jury in March (see 
The Ohio Oil & Gas Association (OOGA) held its annual meeting in March at the Hilton in Columbus, OH. While MDN was not there, an industry friend sent along a copy of the slide deck used by the Ohio Dept. of Natural Resources (ODNR) Division of Oil & Gas Resources Management. The ODNR’s “regulatory update” addressed a number of interesting issues, including the state’s ongoing application for “primacy” in permitting carbon dioxide injection wells, permitting and unitization (forced pooling), updates on rule changes for drilling and fracking, and several “top 5” lists for natural gas and oil producers in the Utica Shale.
Oil production in the Ohio Utica hit a record 27.8 million barrels in 2023, up 41% from 2022, according to researchers at the Levin College of Public Affairs and Education at Cleveland State University. In December, eastern Ohio oil wells pumped 93,000 barrels of crude, up one-third from December 2022, according to federal data. Oil has been locked away in the Utica/Point Pleasant shale layer for millennia. Aubrey McClendon, co-founder and former CEO of Chesapeake Energy, was the first to see the vision of freeing oil from the Utica. However, it was a successor company, Encino Energy, that figured out how to coax large quantities of oil out of the Utica shale.
In January 2023, three Marcellus/Utica companies — Chesapeake Energy, EQT, and Equitrans Midstream — launched the Appalachian Methane Initiative (AMI), a coalition committed to further enhancing methane monitoring throughout the Appalachia Basin and reducing methane emissions throughout the region (see 
Back in the summer of 2020, MDN told you about a lawsuit brought by an Ohio rights owner called TERA, an organization that owns the royalty rights for a number of leases with wells in Belmont County, OH, drilled by different producers, suing the producers for drilling into the Point Pleasant shale layer when the lease only mentions the Utica layer (see 
Last November, Northern Oil and Gas, Inc. (NOG), a company that invests in non-operated oil and gas assets (they let others do the drilling), announced a deal to enter the Utica Shale (see 
Yesterday we brought you the latest update on EOG Resources’ oil drilling program in the Utica Shale (see