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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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OH Federal Judge Allows “Drilled Too Deep” Case to Proceed

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 OH Drillers Win Case Against Landowners re Drilling Deeper). The very same federal court with the very same federal judge has just denied a request by some of the same drillers to throw out a similar case. In this new case (Honey Crest Acres v. Rice Drilling & Gulfport Energy), the judge is allowing the plaintiffs to proceed to make their case for unjust enrichment against Rice and Gulfport.
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OH Drillers Win Case Against Landowners re Drilling Deeper

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). The case took nearly four years and hundreds of filings by both sides, but last week, a jury found in favor of the drillers (the defendants) and against the rights owner (the plaintiffs). This case likely has far-reaching consequences for landowners and drillers in Ohio.
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Dan Rice’s Net-Zero CO2 Co. Merger Due to Close on June 8

Last December, Rice Acquisition Corp II, a special purpose acquisition company (SPAC) started by the Rice brothers (Danny, Toby, and Derek), announced a deal to acquire NET Power–an electric power developer with revolutionary new technology to capture every last molecule of carbon dioxide from natural gas-fired power plants (see Dan Rice Buys Co. that Builds Zero-Carbon Gas-Fired Electric Plants). The Rice deal to buy NET Power will finally consummate this Thursday.
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Dan Rice’s Net-Zero CO2 Co. Gets $50M Investment from South Korea

Last December, Rice Acquisition Corp II, a special purpose acquisition company (SPAC) started by the Rice brothers (Danny, Toby, and Derek), announced a deal to acquire NET Power–an electric power developer with revolutionary new technology to capture every last molecule of carbon dioxide from natural gas-fired power plants (see Dan Rice Buys Co. that Builds Zero-Carbon Gas-Fired Electric Plants). The deal is not yet consummated but is getting close. In April, we told you that two of the investors in the venture, Occidental Petroleum and the Rice boys themselves, were kicking in a combined extra $275 million to help close the deal (see Dan Rice’s New “Net-Zero” CO2 Company Gets Extra $275M Investment). On Friday, the deal got another $50 million cash infusion from South Korea.
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Dan Rice’s New “Net-Zero” CO2 Company Gets Extra $275M Investment

Last December, Rice Acquisition Corp II, a special purpose acquisition company (SPAC) started by the Rice brothers (Danny, Toby, and Derek), announced a deal to acquire NET Power–an electric power developer with revolutionary new technology to capture every last molecule of carbon dioxide from natural gas-fired power plants (see Dan Rice Buys Co. that Builds Zero-Carbon Gas-Fired Electric Plants). The deal is not yet consummated but is getting close. Perhaps an extra $275 million will be enough to get it across the finish line?
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OH Lawsuit Filed Against Utica Fracker Accuses Subsurface Trespass

In a case initially filed last summer in Ohio, a Belmont County mineral rights owner alleges that Rice Drilling (now owned by EQT) drained natural gas from a rock layer it did not have the right to access according to the signed lease. Golden Eagle Resources says the lease allowed Rice to drill down only as far as the Utica Shale layer, which Rice did. However, Golden Eagle says fractures from Rice’s fracking of the Utica layer reached down into the adjacent Point Pleasant layer and drained some of the gas from the Point Pleasant too–and that’s a no-no according to the lease.
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Ohio Court of Appeals Upholds Depth Severance Clause in Shale Lease

The Ohio Court of Appeals recently issued a decision in a case involving lease language about a “depth severance clause” that is very important for both landowners and drillers to know about. In Tera LLC v. Rice Drilling D LLC, et al., a landowner in Belmont County, OH, signed a lease with language that leases both the Marcellus and Utica shale layers, but all other formations were “reserved to the lessor” (i.e. the landowner). However, the driller, Rice (now EQT), drilled into and produced hydrocarbons from the Point Pleasant layer that sits immediately below the Utica. According to the lease (and the decision by the court), that was a no-no.
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Dan Rice’s Landfill NatGas & How He Made $975M Flipping Co.

In October, MDN brought you the news that the company created and backed by Dan Rice (and his brothers), called Archaea Energy, is selling itself to BP for $4.1 billion (see Dan Rice’s Renewable Energy Company Sells to BP for $4.1 Billion). Depending on the source you read, the Rice boys will pocket either $975 million or $720 million from the deal (see Rice Boys’ Paycheck for Selling Renewable Energy Co? $975 Million). How did they do it?
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Rice Boys’ Paycheck for Selling Renewable Energy Co? $975 Million

The Rice Brothers: Derek, Toby, and Daniel (left to right) in November 2021. (Credit: Chris Crisman/The Forbes Collection)

Yesterday MDN brought you the news that the company created and backed by Dan Rice (and his brothers), called Archaea Energy, is selling itself to BP for $4.1 billion (see Dan Rice’s Renewable Energy Company Sells to BP for $4.1 Billion). Depending on the source you read (Bloomberg or Forbes), the Rice boys will pocket either $975 million or $720 million from the deal. Any way you slice it, it’s a LOT of money.
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DEP Clips Rice (EQT) $147,250 for Polluting Rain Gardens in SWPA

We’ve heard of vegetable gardens. We’ve heard of flower gardens. We’ve heard of rose gardens. Remember the Lynn Anderson song, “I beg your pardon, I never promised you a rose garden”? We’ve also heard of rock gardens, raised gardens, herb gardens, and indoor gardens. One garden we hadn’t heard about until today is a “rain garden.” Ever heard that term? Rice Energy (now part of EQT Corporation) is paying a big fine, $147,250, for work done at a well site in Greene County, PA, in 2019 that allowed erosion and soil to contaminate not one but three rain gardens. I beg your pardon!
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EQT CEO Toby Rice’s Unconventional Rise to Run US’s #1 Gas Co

You might think that Toby Rice, son of Daniel Rice III who was, at one time (for over a decade), the single most successful and profitable mutual fund manager in the world, was born with a silver spoon in his mouth. You might think that everything was given to Toby Rice on a silver platter. You would be wrong. Prior to running the largest natural gas producer in the U.S., Toby Rice was, among other professions, a chimney sweep (cue the song from Mary Poppins, Chim Chim Cher-ee). He then swept floors for $9 an hour while he attended grad school to learn about fracking. Toby knows what it’s like to work (hard) for a living.
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EQT Sued for Securities Fraud in Rice Merger Some 3+ Yrs Later

Two subsidiaries of Connecticut hedge fund Kensico Capital Management filed a lawsuit against EQT on December 28 alleging EQT committed securities fraud during its $6.7 billion acquisition and merger with Rice Energy in 2017. The suit was filed by Saxena White PA on behalf of Kensico Associates and Kensico Offshore Fund Master Ltd. Kensico is not the first large investor to sue EQT over the 2017 merger (see Judge Allows Class Action Against EQT/Rice 2017 Merger to Proceed). What does the Kensico lawsuit allege?
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Belmont County, OH Landowner Wins $40M Trespass Case Against EQT

A relatively short jury trial last week in a Belmont County, OH court resulted in a quick, three-and-a-half-hour decision in favor of a landowner against Rice Drilling (now EQT) and Gulfport Energy in a trespass case. The jury awarded the landowner, Tera LLC (owned by Thomas Shaw), a $40 million judgment. It’s believed to be the single largest jury award in Belmont County history.
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Dan Rice Launches Another Energy-Focused SPAC – Rice-a-RONI

Last December Dan Rice IV, former CEO of Rice Energy and member of the EQT board of directors, launched a “blank check” acquisition firm, called Rice Acquisition Corp., to invest in various energy ventures. Dan found that something-to-invest-in just a few months later in the form of acquiring and merging together Archaea Energy and Aria Energy into a single company focused on providing renewable natural gas (RNG) and “green” hydrogen (see Dan Rice Bets $1 Billion that Landfill Gas is the Next Big Thing). With that deal about to consummate in 3Q, Dan is on the prowl again. He’s formed and launched a second “blank check” company, called Rice Acquisition Corp. II, along with a cool stock ticker symbol: RONI. As in, Rice (a) RONI. Get it?
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Former Rice Energy Head Fracker’s Lawsuit Tossed by Judge

On January 4, 2014, Rice Energy (at that time run by Dan Rice IV) hired Vice President for Completions (head fracker) Babatunde Ajayi. After Ajayi assembled a team and a system that propelled Rice to become one of the leading Marcellus/Utica drillers, Rice fired Ajayi on October 31, 2016. Rice claimed Ajayi was double-dipping–that he had a conflict of interest by owning shares in a company doing business with Rice Energy. Ajayi says he had reported his ownership interest–for years–and that Rice fired him shortly after he was forced to sell all of his shares in the other company. The reason he was fired, according to Ajayi, is so that Rice wouldn’t have to pay him $1.9 million in bonuses via shares of Rice stock. According to Ajayi, Rice used him, used his knowledge, then kicked him to the curb. So he sued.

[NOTE: See an important MDN update to this post below.]
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