Forced Pooling

Although the drilling industry in West Virginia had high hopes that “this was the year” a forced pooling bill would be passed–the latest attempt has once again gone down in flames. Each year the WV legislature meets for a 60-day period at the beginning of the year. Tomorrow (Wednesday) is the 50th day and the last day for a bill to advance out of the house of origin if it’s to be considered by the full legislature–what is known as “crossover day.” House Bill (HB) 4426 is this year’s forced pooling bill, introduced on Feb. 5 (see WV Forced Pooling Bill HB 4426 Introduced – Debate Rages). HB 4426 has until tomorrow to be reported out of committee. It’s not going to happen, meaning it cannot, under the rules of the legislature, be considered for a full vote. The West Virginia Oil and Natural Gas Association sounds rather pessimistic about trying again in the future…
Read More “WV Forced Pooling Bill Headed for 5th Defeat in 6 Years”

The fight for a forced pooling law in West Virginia continues. Some who have opposed such a law in the past are now changing position and attempting to get as favorable terms as possible. They’re throwing in the towel. Others are still hoping to stop the bill, for a fifth time. So far the forced pooling bill has not been introduced, even though the WV legislature began its 60-day session last Wednesday, Jan. 13…
Read More “Some Give Up, Others Continue to Oppose WV Forced Pooling Law”

As MDN told you in mid-November, West Virginia legislators will revisit the topic, and likely vote on the issue of, forced pooling in the 60-day legislative session that will begin in early January (see WV Forced Pooling Bill Coming Around Again in 2016). The battle lines–in the Republican party–are already being drawn in a contentious issue that has been brought before the WV legislature in five of the last six years…
Read More “Battle Lines Drawn as WV Forced Pooling Bill Nears Introduction”

West Virginia landowners and mineral rights owners get prepared: the forced pooling issue is coming around again. After five years of trying, it seemed that a forced pooling bill was finally going to pass in West Virginia during the 2015 WV 60-day legislative session. But at the literal eleventh hour of the last day of the session, it failed (see The Real Story of Why Forced Pooling Bill Failed in WV). In April we told you that the forced pooling bill may get a vote this fall, although that never materialized (see WV Forced Pooling Bill HB 2688 May Get Another Vote This Fall). However, yesterday legislators got a look at a revised version of the bill that died earlier this year. The plan, as it currently stands, is to re-introduce it in January when the WV legislature meets for its annual 60-day session…
Read More “WV Forced Pooling Bill Coming Around Again in 2016”

After five years of trying, it seemed that a forced pooling bill was finally going to pass in West Virginia during the 2015 WV 60-day legislative session. But at the literal eleventh hour of the last day of the session, it failed (see The Real Story of Why Forced Pooling Bill Failed in WV). The bill this time was House Bill (HB) 2688 and was introduced and championed by Delegate Woody Ireland, R-Ritchie. Ireland was a bit dumbstruck after HB 2688 failed and he didn’t have much to say. But Woodie is talking now–and talking about re-introducing the bill this fall…
Read More “WV Forced Pooling Bill HB 2688 May Get Another Vote This Fall”

Yesterday MDN reported a story that (so far) few others have bothered to report: West Virginia’s House Bill (HB) 2688 failed to gain passage at literally the eleventh hour–one hour before the annual 60-day session ended (see Republicans (!) Help Defeat WV Forced Pooling at 11th Hour). We believed, and repeated, the reporting we saw on the final vote–that Republicans were largely responsible for the last minute defeat of the bill. That was inaccurate. We were contacted yesterday by Ron Hayhurst, head of the West Virginia Royalty Owners Association, who was himself very much a part of brokering what he believes is the best possible bill (HB2688) to protect mineral rights owners in the Mountain State. Ron told us the last minute change in the House vote had nothing to do with Republicans defecting–and he is right. Although House Del. Pat McGeehan (a Republican) voted “no” both times, he was not the hero of the day, as reported in some media accounts. The truth is this: WV Democrats got their knickers in a twist over losing several other votes last Saturday and they decided to punish the Republicans by denying them passage of this bill. The original House vote was 60-40 in favor of HB2688. The final vote was 49-49 tie (with 2 people missing in action for the final vote). Of the 11 who changed their votes (names below) from “yes” the first time to “no” the second time–all 11 were Democrats. There were two Republicans who changed from an original “no” to vote “yes”–but it wasn’t enough to eke out a win. Hayhurst says when forced pooling is passed (a question of when, not if) the bill may not be as favorable to mineral rights owners as this one was…
Read More “The Real Story of Why Forced Pooling Bill Failed in WV”

In a stunning upset at the eleventh hour, WV House Bill (HB) 2688, a bill that allows forced pooling (and a bill that seemed assured of passage just last Friday) died in a rare tied vote. On Friday, we told you HB2688 was all but a done deal (see Looks Like Forced Pooling is, After 5 Years, Coming to WV). So what happened? As predicted, the bill went to the WV Senate where it was passed on a vote of 24-10. The House had previously passed it on a vote of 60-40, but the bill had amendments that took it back to the House for final passage on the very last day of the regular session (Saturday). The last vote on the bill ended up in a rare tie of 49-49. When a vote on a bill ends in a tie, it doesn’t pass. And there it ended. Why did the vote swing from a comfortable margin the first time it passed in the House to a tie the second time? It largely appears to be the efforts of House member Pat McGeehan, a Republican, who calls forced pooling “legal plundering”…
Read More “Republicans (!) Help Defeat WV Forced Pooling at 11th Hour”

Sadly, it appears that West Virginia House Bill (HB) 2688 is all but passed in the WV legislature. The WV legislature meets for 60 days each year (we wish it were that way in New York!). There’s only three days left in the session for this year and HB2688 has been on a freight train fast track. We told you last week the bill had passed the House and had gone to the Senate (see WV Forced Pooling HB2688 Passes House, Heads to Senate). The bill was voted on and passed in the Senate Judiciary Committee. The next stop is a vote by the full Senate and Charleston insiders predict it will pass with a minimum of fuss. This forced pooling bill is supposedly different than previous versions that failed to pass over the past five years. HB2688 requires 80% of surrounding land to be leased before the final 20% can be forced to allow drilling under (not on) their land. Good for the 80% and for drillers, but it violates the sacrosanct property rights of the 20%. In addition to HB2688, a second bill important to the oil and gas industry is poised to pass, Senate Bill (SB) 423, which will lessen the reporting burden from a previous law that requires all above ground storage tanks to be registered…
Read More “Looks Like Forced Pooling is, After 5 Years, Coming to WV”

West Virginia House Bill (HB) 2688 (see WV HB2688 Forced Pooling Bill Continues March Toward Passage) has done what no other forced pooling bill over the past six years has done–it’s been approved by a full vote in the WV House. The House approved HB2688 on Wednesday by a vote of 60-40. The vote came after two hours of spirited debate over the merits–or lack thereof–in forcing some holdout mineral rights holders to allow drilling in certain, limited situations. Why has this bill gone further than the others before it? Probably because it creates a standard that 80% of the mineral rights in a unit must be leased in order to “force” the other 20% into the unit–to allow drilling. That’s one of (perhaps the) highest percentage for any state with a forced pooling provision. The bill now heads to the Senate for a vote…
Read More “WV Forced Pooling HB2688 Passes House, Heads to Senate”