Video: OH Lawyers Explain Dormant Minerals Act & Impact on Utica
An issue MDN has not previously tackled (until now) that is coming to the fore in Ohio is “the Dormant Minerals Right Act” (DMA) in that state. 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 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. It’s a big problem when drillers are spending sometimes up to $10,000-$12,000 per acre in lease bonuses–to say nothing of where to send the royalty check. Some drillers are holding back on leasing because of this issue. A case now sits with the Ohio Supreme Court, Walker v Noon, that will sort out these important issues. The very sharp lawyers at Ohio law firm Bricker & Eckler have done a masterful job of explaining the case before the Supreme Court, a case brought by their firm…
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In October of last year MDN told you the radical national anti-drilling organization Clean Water Action (CWA) had sued a small Pennsylvania company by the name of Waste Treatment Corporation (WTC) in Warren, PA in federal court claiming the company continued to accept, treat and discharge Marcellus drilling wastewater into the Allegheny River (see 
One of the original seven selfish townships in Pennsylvania that sued the state over the Act 13 Marcellus Drilling law because of its zoning provisions–and won–has just become less selfish. In fact, the town, Robinson Township in Washington County, PA, has done a complete reversal. Two of the three anti-drilling supervisors were voted out of office last November. On their way out they tried to pull a fast one by passing super restrictive zoning (in December). Last night, the incoming two supervisors who are pro-drilling repealed the law and passed one of their own that’s favorable to the drilling industry. Below we take a look at Robinson’s complete reversal, which offers a fascinating preview into what’s coming to townships across New York State when Gov. Andrew “man child” Cuomo finally decides to make a decision to allow fracking…
Two “independent” administrative law judges for the Pennsylvania Public Utility Commission have dealt what could be a major blow to Sunoco Logistics’ request to have the Mariner East NGL (natural gas liquids) pipeline declared a public utility. The two judges–David Salapa and Elizabeth Barnes–handed down a decision yesterday that denies Sunoco’s request to have 18 pump and 17 value stations (in 31 locations) that would need to be built along the 300+ mile pipeline exempt from local zoning ordinances. If the pipeline is considered a public utility it would be exempt from local ordinances. Without that exemption, Sunoco Logistics faces a nearly impossible task of trying to gain permission to build the necessary new stations. Below is a copy of the decision, and MDN’s background on this important pipeline project, along with a “where do we go from here” analysis…
Yesterday MDN wrote a summary and interpretation of an article appearing in the Harrisburg Patriot-News about the recent court decision known as EQT Production v. Opatkiewicz, et al (see 
Yesterday the 70,000-member Joint Landowners Coalition of New York (JLCNY) along with several individual landowners filed an appeal in their Article 78 lawsuit that was dismissed by a lower court in Albany County, NY earlier this month. You may recall that the JLCNY sued NY Gov. Andrew Cuomo, Dept. of Environmental Conservation Commissioner Joe Martens, and state Health Dept. Commissioner Nirav Shah over their refusal to deliver fracking regulations (see