Court Orders Ohio Drillers to Produce Documents in Royalty Dispute
Back in the summer of 2020, MDN told you about a lawsuit brought by an Ohio rights owner called TERA, an organization that appears to own 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). That lawsuit continues to grind on. Last week, a judge ruled the drillers being sued must produce certain documents sought by the plaintiff (rights owner).
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An Exxon Mobil executive told the Nikkei news service his company is looking to nearly double the volumes of liquefied natural gas (LNG) it is handling to more than 40 million tons per annum (MTPA) by 2030. Exxon currently handles roughly 22 MTPA now. The company plans to invest in LNG projects, offshore oil in Guyana and South America, and in U.S. shale (the Permian). What about the Marcellus/Utica?
Last week the three states with active Marcellus/Utica drilling, Pennsylvania, Ohio, and West Virginia, issued a collective 21 new drilling permits, down from the 30 permits issued the week before, and down from the 40 permits issued the week before that. The trend is not our friend right now. PA issued 13 permits, and OH and WV issued four permits each.
On July 1, just as everyone was heading out the door for summer vacation, Ascent Resources announced it is buying another 26,800 acres in the Ohio Utica for $270 million (see
We recently received a couple of recent issues of a monthly news/analysis newsletter from
It seems as if Pennsylvania has been on a yo-yo lately. Three weeks ago PA issued just two permits to drill new shale wells. Two weeks ago PA issued 15 permits! And now, for last week (Nov. 22-28), PA flipped back to just two new permits again. What’s going on? Did the DEP take most of last week off for the Thanksgiving holiday? Perhaps. Ohio pulled our region’s bacon out of the fire by issuing 11 new permits last week for Utica shale wells. West Virginia drillers got skunked with zero new permits last week. All totaled there were just 13 new permits issued last week in the M-U, down from 32 the week before.
Do you remember the child’s game called “Simon Says”? That’s what we were thinking when we read about a lawsuit in Ohio by landowners against a group of shale drillers. The lawsuit, initiated by several landowners in Belmont County, OH, claims the drillers drilled too deep–into the Point Pleasant rock layer–when the leases signed only mention the Utica rock layer. The lawsuit, which is seeking class action status, claims “unjust enrichment” by the drillers.
A Pennsylvania landowner thought he could finagle extra payments from XTO Energy after his land was drilled under from a neighboring property. The landowner had signed a lease, and the lease contains language that says if XTO were to drill “on” his property (i.e. install a well pad) the landowner would receive an extra payment. The landowner sued saying “on” also means “under” when XTO drilled under his property. The Superior Court of Pennsylvania disagreed, saying “on” means “on the surface” and “under” does not mean “on”.