Ohio Supreme Court Rules in Important Dormant Mineral Act Case
For several years MDN has been telling you about a thorny legal issue in Ohio, bubbling in the background–the Dormant Mineral Act (DMA). In a nutshell, there are two DMAs in Ohio–one passed in 1989 that went into effect in 1992, and another in 2006 which added certain additional procedural requirements to the 1989 version. The DMA in its various versions provides for mineral rights that had previously been separated from surface rights to transfer to the surface owner under certain conditions. The problem for both drillers and for landowners in Ohio, is in knowing which set of DMA rules to use (1989 or 2006) in determining who owns the mineral rights. There are a dozen cases sitting before the Ohio Supreme Court dealing with the DMA. Last December we gave you a run-down on four of the most important DMA cases before the Supremes (see 4 Important Dormant Mineral Act Cases with OH Supreme Court). One of those cases, Chesapeake v. Buell, was decided last week. It has big implications for both drillers and mineral rights owners…
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MDN has highlighted in several posts the draconian and dictatorial Clean Power Plan (CPP) issued by B.H. Obama’s Environmental Protection Agency (EPA). Not only will Obama’s CPP outright assassinate the coal industry in this country, it will deliver a mortal wound to the natural gas industry, a wound it may not survive (see 
A gang of Big Green groups are tickled pink–or is it tickled “green”–that their continuous frivolous lawsuits against the federal Environmental Protection Agency (EPA) have once again yield the desired result. Radical leftist “green” groups like Earthworks, Environmental Integrity Project, THE Delaware Riverkeeper, and yes, PennFuture (where PA’s current Secretary of the Dept. of Environmental Protection, John Quigley, used to work), had previously sued the federal EPA to force onerous new reporting rules on natural gas processing plants, using lies about the kinds of air pollutants released by the plants. The EPA cooperates with these sleazy organizations in a “sue and settle” scam. “Hey, you sue us for this, a liberal judge will ‘make us’ do it–then we can bypass Congress and everyone else and set up our own laws outside of that stupid old Constitution.” That’s how these groups collude with the EPA (see 
Not long after she took office, Pennsylvania’s Democrat Attorney General, Kathleen Kane, brought criminal charges against XTO Energy for an accidental spill in Lycoming County, PA that happened two years before she was in office (see 
In August our Dear Leader, Barack Hussein Obama, introduced his latest edict called the Clean Power Plan. The plan uses the federal Environmental Protection Agency to completely eliminate coal-fired electric plants, and greatly diminish natural gas-fired electric plants (see 
Enough is enough. It’s become quite obvious that NY Gov. Cuomo is up to his old tricks–delay and then deny. The Federal Energy Regulatory Commission (FERC) long ago approved the Williams Constitution Pipeline (see 
The legal beagles at energy law firm Babst Calland are raising the alert that another “sue and settle” lawsuit has been filed against the federal Environmental Protection Agency (EPA) by seven radical environmental groups. This is the latest attempt at forcing the EPA to comply with a lawsuit that they intentionally lose. What? Yes, they intentionally lose the lawsuit and then tell Congress that they “have to” comply with a court order “forcing” them to enact certain unlegislated rules and regulations in order to comply with a judge’s order–in effect giving them one more weapon in their arsenal to illegally regulate the oil and gas industry. Regulation of oil and gas is Constitutionally left up to the individual states. The EPA, especially under Obama, has been innovating ways to circumvent the Constitution and Congress and cease regulation authority. So-called “sue and settle” lawsuits are one of the ways they do it. Here comes another one. This time radical environmental groups (which should be sued themselves) have sued the EPA to force them to regular oil and gas drilling wastes under the federal Resource Conservation and Recovery Act (RCRA). Here’s a summary of what’s happening…
A complicated court case just decided by Pennsylvania Superior Court has implications for all land and mineral rights owners in PA. The case is called Wright v. Misty Mountain Farm LLC. This is how we understand it. In 1950 Fred and Jeanetta Buck sold some property in Bradford County, PA to Robert and Marjorie Wright. However, the Bucks kept the oil/gas/mineral rights for themselves, having already leased the mineral rights for the property. The mineral rights lease eventually expired in 1971. At that time, Robert and Marjorie Wright, the surface owners, figured with the expiration of the lease, the mineral rights reverted to them–so they signed a lease to allow oil and gas drilling. In 1988 the Wrights signed over the property and the lease to David and Patricia Wright (we’re assuming son and daughter-in-law). David and Patricia signed new leases on the property in both 2001 and again in 2005. Eventually Jeanetta Buck died and in 2010 while reviewing her estate and its assets, Shirley Matthews, administratrix of the estate, discovered/claimed the mineral rights still belonged to the Bucks. So Matthews conveyed the subsurface mineral rights to Misty Mountain Farm LLC. Patricia Wright argued that the when the original lease made by the Bucks in 1950 expired, ownership of the mineral rights also expired–in 1971. A lower court and then the Superior Court disagreed and ruled that unless there is specific language saying that when a lease expires so too do the mineral rights, then the mineral rights still belong to the original rights owner. Whew. Get all that? Bottom line: Just because a lease expires it doesn’t mean the party who owns the mineral rights loses their claim on those rights…
A deadline is fast approaching in New York State. Next Tuesday, Oct. 27, the natural gas industry must file an “Article 78” lawsuit or lose its opportunity to do so. Last December NY Gov. Andrew Cuomo made a non-science, political decision to ban fracking in the state (see 
The radical leftist PA-based group Community Environmental Legal Defense Fund (CELDF) does its best to trick townships into passing illegal bans. In 2013 the CELDF fooled Highland Township in Elk County, PA into passing a ban on wastewater injection wells. They also tricked Grant Township in Indiana County, PA to do the same thing. Both towns are in court defending their illegal actions. One of the idiotic legal tactics used by the CELDF in both cases is to claim that an ecosystem is a “person” under the law–a person who can file to join the town’s lawsuit in an effort to protect itself (see 
MDN has been highlighting stories and writing about potential water well contamination by Range Resources at their Yeager well and wastewater impoundment site in Amwell Township (Washington County), PA since 2012 (see MDN’s list of