OH Landowners Appeal Jury Decision Allowing Pt Pleasant Drilling
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 OH Drillers Win Case Against Landowners re Drilling Deeper). The jury found in favor of several drillers (Ascent Resources, Gulfport Energy, Rice Energy) and against the rights owner (TERA II, LLC) in a case where the words “Point Pleasant” were not included in a lease agreement. The drillers drilled into the Point Pleasant, which sits on the border of the Utica, even though, technically, the lease did not allow it. The jury found the landowners did not “reserve their rights” to the Point Pleasant, given its location next to the Utica. The landowners are now appealing the jury decision.
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MDN is not a stock-picking service, but we spotted an interesting article appearing on the Seeking Alpha investor’s website about where to invest now so that when the price of natural gas eventually rebounds (and with it, lifts the stock price of gas producers), investors can make money. The investor/writer, who is a nuclear power engineer by training, proposes the theory that investing in the Marcellus/Utica is a better choice than investing in other gas plays because (a) our drillers have lower breakeven costs and (b) some of our drillers also produce NGLs, which fetch more money than methane.
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.
We continue to be impressed with Shell’s still relatively new CEO, Wael Sawan, who took over the CEO role last June. At an investor meeting last June, Sawan unveiled a new strategic direction for the company — back to more drilling for oil and gas and less dithering with renewables (see 
There was a pretty dismal showing for new permits issued to drill in the Marcellus/Utica during the week of Mar. 18 – 24, with a drop of 11 permits from the prior week to just 5 new permits issued. Pennsylvania issued all 5 of the new permits. Ohio and West Virginia both issued no new permits during that week. EQT (Rice Drilling) was issued 2 new permits in Greene County. Blackhill Energy and Chesapeake Energy each received 1 new permit to drill in Bradford County. And Range Resources was issued 1 new permit to drill in Washington County.
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.
Yesterday, MDN reported that Ohio Attorney General Dave Yost took legal action on Monday, seeking to force Austin Master Services (AMS) in Martins Ferry (Belmont County), OH, to correct “egregious violations of Ohio law” regarding the storage of oil and gas waste that he says threatens the Ohio River and Martins Ferry’s drinking water supply (see 
Ohio Attorney General Dave Yost took legal action Monday, seeking to force Austin Master Services in Martins Ferry (Belmont County), OH, to correct “egregious violations of Ohio law” regarding storage of oil and gas waste that he says threatens the Ohio River (500 feet away) and Martins Ferry’s drinking water supply (1,000 feet away). Austin Master Services serves the Marcellus/Utica industry (and other industries) with radiological waste management solutions, including remediation, decontamination & decommissioning (D&D), and transportation. The company was bought by and is now a subsidiary of PA-based American Environmental Partners, Inc. (see 
Diversified Energy (formerly Diversified Gas & Oil), with major assets in the Marcellus/Utica region (and other regions, too), owns approximately 8 million acres of leases with 67,000 (mostly) conventional oil and gas wells. The company’s business model is to buy lower-producing wells on the cheap and find ways to make them more productive. Last week, Diversified issued its fourth quarter and full-year 2023 update. Part of the update included an announcement that Diversified is acquiring financial partner Oaktree Capital Management’s interests in the companies’ JV assets in western Oklahoma, East Texas, and northwest Louisiana for a net purchase price of $386 million.
The Pennsylvania Dept. of Environmental Protection (DEP) sent a letter to the Shell ethane cracker plant on Feb. 22 essentially saying, “You’re time is up.” The cracker plant facility has 120 days from Feb. 22 (until Jun. 21) to file for a federal Title V Operating Permit for air emissions. If the facility doesn’t at least file for the permit, it’s lights out until it does.
Epsilon Energy issued its fourth quarter and full-year 2023 update yesterday. Epsilon, a relatively small company, used to concentrate most of its effort on developing Marcellus Shale wells. However, over the past couple of years, the company has expanded into other plays and now owns assets in the Anadarko (Oklahoma and Texas) and the Permian (Texas and New Mexico). Epsilon typically does not do its own drilling. The company joint venture partners with (gives money to) other companies, like Chesapeake Energy (in the Marcellus), and the other company does the drilling. In the Marcellus, Epsilon participated in the drilling of 7 gross (0.74 net) and completion of 2 gross (0.02 net) Marcellus wells in 2023. The completed wells went into production in January 2023. At the end of last year, the company had 1 gross (0.01 net) well being drilled and 6 gross (0.73 net) wells waiting on completion in Pennsylvania.
Water use restrictions have finally been lifted at the Beaver Run Reservoir in Westmoreland County, PA (near Pittsburgh). The Municipal Authority of Westmoreland County (MAWC), which manages Beaver Run Reservoir, has issued a contract to CNX Resources allowing the company to buy up to 51 million gallons of water to use in fracking at nearby gas wells. CNX will pay $12,855 for every 1.5 million gallons of water it buys. If the company ends up buying the full 51 million gallons, it will pay the MAWC $437,000.
Here’s a strange one we don’t quite understand. Yet. Two weeks ago we brought you the news that a jury in a federal court had decided a group of Utica shale drillers, including Rice Drilling (now EQT), Ascent Resources, XTO, and Gulfport Energy, were not guilty of “unjust enrichment” by drilling into the Point Pleasant shale layer that sits immediately below the Utica (see 
Range Resources was the very first company to sink a Marcellus shale well back in 2004. The company went all-in on the Marcellus and has remained a pure-play driller ever since (to their credit). The company initially set up a regional headquarters in Southpointe (Washington County, PA) with a 60,000-square-foot office. It later upgraded to an office with 182,000 square feet — an entire building all to itself. Although the company has two years left on its lease, Range is, according to sources, looking to downgrade again. The company wants an office space of around 80,000 square feet.