OH Court: Landowners Can’t Cancel Lease for Royalty Nonpayment
An unfortunate decision in an Ohio court case may have far-reaching implications for Ohio landowners. In Armstrong v. Chesapeake Exploration, L.L.C., landowners Myron and Nikki Armstrong purchased 61 acres of land in Tuscarawas County, OH in 2003 with an existing oil and gas lease (dating back to 1972). After purchasing the property, the Armstrong’s land was pooled into a drilling unit and a well was drilled. We do not know how much (or even if) the well produced in the way of gas and oil. We don’t know if it was hooked up to a pipeline for production. We assume it was hooked up and is producing because the Armstrongs have sued to cancel the lease saying they haven’t received a single royalty check since the well was drilled. Tuscarawas County Court ruled that because there is no express provision in the original lease saying “you can cancel this lease if we don’t pay you the royalties we say we’ll pay you,” the court ruled in favor of Chesapeake and the company that owns the lease and is supposed to pay the royalties–Belden & Blake. The Armstongs appealed the decision to the Ohio Court of Appeals, Fifth Appellate District. That court has just ruled the same way–saying even though royalties haven’t been paid, that’s not a good and sufficient reason to cancel the lease…
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Although MDN caught and reported on the Bloomberg article questioning Aubrey McClendon’s high roller ways (see 
The Supreme Court of Kentucky has just ruled, in a pair of cases, that producers (i.e. drillers) CAN deduct post-production costs before calculating royalties to landowners. Once case involves landowners suing Magnum Hunter, the other involves landowners suing EQT, claiming (much like what has happened in Pennsylvania) that post-production costs mean they are getting less than one-eighth or 12.5% of the fair value of the gas as a royalty payment. The Supreme Court of Kentucky ruled the language in the leases is unambiguous as is the law–and that the lease allows for post-production expenses to be deducted. Here’s a summary from the legal beagles at Vorys…
It’s not often that MDN writes about natural gas drilling in Australia. This time there’s a tie-in with the Utica/Marcellus. Aubrey McClendon, former CEO of Chesapeake Energy ejected from the company he-cofounded by an evil corporate raider (Carl Icahn); Aubrey McClendon, founder of American Energy Partners and subsidiary American Energy Appalachia Holdings that has since fled and become its own company called Ascent Resources; Aubrey McClendon, who could charm a billion dollars from Satan himself and leave old Lucifer smiling at being shafted; that Aubrey McClendon has just signed a deal with an Australian company to secure the rights to drill on 21.5 MILLION acres Down Under (in Australia). This is Aubrey’s first foray outside of the United States–and boy what a splash he’s making! Never mind McClendon’s Ascent Resources is saddled with so much debt it can’t repay that Moody’s Investors Service has downgraded the company to its lowest rating level, meaning “Substantial risks – In default” (see 
Antero Resources announced yesterday it is stepping up its recycling efforts in the Marcellus/Utica by hiring Veolia Water Technologies Inc. to build a new shale wastewater recycling facility in Doddridge County, West Virginia. The new facility, which will take two years to build and cost Antero $275 million, will process 60,000 barrels of wastewater per day. Is Antero building the new facility to prove what good “green” citizens they are? Nope. They’re building it for the best of reasons: capitalism. Once the new wastewater treatment plant is up and running, Antero will save $150,000 per well on completions costs. Veolia will not only build the facility but also operate it under a 10-year contract…
The U.S. Court of Appeals for the Second Circuit, located in New York State, released a decision yesterday in a case known as Beardslee v. Inflection Energy, LLC (copy of the decision is embedded below) that may create problems for future shale drilling in New York State–should the existing statewide ban ever be lifted. Yesterday’s decision is good news for landowners in one sense–it officially upholds the right of Tioga County, NY landowners party to the lawsuit to be released from old leases made in pre-Marcellus days when landowners signed leases for $3 per acre. Those leases were signed before the words “Marcellus” or “Utica” meant anything other than municipalities in New York State. (Interesting factoid: both shale plays are named after the NY towns where they were first identified. Further interesting factoid: both Marcellus, NY and Utica, NY banned fracking before the statewide ban was official.) The Second Circuit upheld a previous decision which we first wrote about in 2012 (see 
GreenHunter Resources, the fresh water and wastewater subsidiary of driller Magnum Hunter Resources, has changed strategies and has backed off their tough talk in dealing with the U.S. Coast Guard (USCG) with respect to barging brine down the Ohio River. You may recall MDN was the first to decipher just what was going on between GreenHunter and the USCG with respect to GreenHunter’s intention on barging (see