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Jay-Bee Paying $42M to Settle WV Post-Production Deduction Lawsuit
Here’s a lawsuit that flew under our radar — until now. Several landowners in West Virginia sued Jay-Bee Oil & Gas, alleging “improper royalty deductions” were made from royalty checks for post-production work from 2010 to 2023. The landowners (their lawyers) convinced a court to turn the lawsuit into a class action. Jay-Bee denies the claims in the lawsuit but has agreed to settle the dispute to avoid additional litigation by paying $42.6 million into a settlement fund established to disburse payments to participating class members.
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EPA Administrator Michael Regan used a considerable amount of fossil energy and emitted tons of carbon dioxide to jet over to Dubai last December to participate in the COP28 confab, where he released a final rule that was “two years in the making” to force the U.S. oil and gas industry to cut methane emissions by using budget-busting new technologies and onerous (frequent) inspections (see 
MDN has an exclusive update on a lawsuit by several West Virginia surface landowners who are suing Diversified Energy over Diversified’s failure to plug their unproducing conventional wells. At the prompting of the Sierra Club, the landowners attempted to turn the lawsuit into a class action. Yesterday, a federal judge for the U.S. District Court for the Northern District of WV struck down the class action request, meaning a couple of surface owners from the original lawsuit can proceed with their lawsuit. The outcome won’t affect anyone else. However, a second related case and a second request for a class action are still alive.
The United States has 13 courts of appeals, also known as U.S. Courts of Appeals, that sit below the U.S. Supreme Court. These courts are organized into 12 regional circuits, each with a court of appeals, that cover the 94 federal judicial districts. One of the 13 courts — for the District of Columbia — has jurisdiction over cases involving federal agencies, including the Federal Energy Regulatory Commission (FERC). The judges of the D.C. Circuit have recently delivered a flurry of decisions that appear contradictory concerning (overturning) FERC actions.
A lawsuit being heard this summer is designed to hold Big Green groups responsible for their actions. Energy Transfer (ET), the owner and operator of the Dakota Access Pipeline (DAP), is suing Greenpeace and other alleged instigators for $300 million for the damages sustained by the company as a result of violent protests incited by the groups in North Dakota in 2016. Big Green is scared.
New York State has become the North Korea of the United States. It is narrow and parochial and devoid of freedom. If you operate a business in New York and you are not in a protected or favored class, or if your business does not bribe someone in the Democrat Party, you are in danger of losing that business. New York is aggressively hostile to any business remotely connected to fossil fuels. A “bitcoin miner” operating in beautiful Upstate NY, near the shore of Seneca Lake, uses a clean-burning (very small) natural gas power plant to power its 15,300 computer servers. The radical Democrats running the state, including Gov. Kathy Hochul, want it shut down and gone. Last October, NY antis were close to achieving their objective. But what’s this? The bitcoin miner is hanging tough and challenging the state in court. The facility is still online!
In March, we reported that two Democrats and one anti-drilling RINO who run Bucks County, PA government (a Philadelphia suburb) fell for the bait by Big Green and filed a lawsuit against Big Oil companies for supposedly, knowingly, causing the Earth to toast to a cinder (see 
In May 2023, the Dept. of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a proposed new rule that would slap onerous and very expensive new requirements on pretty much all natural gas pipelines in the country, including 2.7 million miles of gas transmission, distribution, and gathering pipelines; 400+ underground natural gas storage facilities; and 165 liquefied natural gas facilities (see 
Here’s a sobering fact: A web of red tape and environmentalist lawfare in the courts have derailed six of the last seven proposed interstate pipeline projects that could have delivered Appalachian natural gas to New England, the Southeast, and other regions of critical demand. The only pipeline to survive was the Mountain Valley Pipeline, and it took a literal Act of Congress to get it across the finish line. Here’s another sobering fact: Oil and gas pipeline approvals have dropped by 50% during the Biden-Harris administration (compared to the last three presidents before Biden). The precipitous drop was on purpose.
Here’s a court case that flew under the radar until now. It’s a case that has the potential to affect some drillers and some royalty owners in Ohio. Sabre Energy Corporation (the plaintiff) sued Gulfport Energy Corporation and Antero Resources Corporation (the defendants) for breach of contract. Sabre Energy owns Overriding Royalty Interests (ORRIs), or fractional shares, in defendants’ shares of royalties from their oil and gas leases. Sabre Energy contends that these ORRIs attach to defendants’ recently drilled deep horizontal wells, and so the defendants owe it royalties.
In June 2018, MDN exclusively brought our readers the news that Diversified Gas & Oil (now called Diversified Energy) had purchased EQT Corporation’s Huron Shale assets, with a bunch of conventional wells, in Kentucky, Virginia, and West Virginia for $575 million (see 
In January, Joementia announced he would “pause” any approvals for new LNG export plants (currently 17 requests in the pipeline) for at least one year while his people fart around pretending to figure out how to measure global warming as a new consideration for whether or not to approve such projects (see 
One thing we admire about the left is that they never give up. Yes, they cheat. Yes, they lie. Yes, they use foreign money. But the environmental left never, ever, gives up. An example: The Chesapeake Bay Foundation (CBF) has filed an amicus (“friend of the court”) brief asking the Pennsylvania Supreme Court to reverse a Commonwealth Court decision that led to its voiding the state’s participation in the Regional Greenhouse Gas Initiative (RGGI). RGGI is an obscene carbon tax that will (a) raise the price of electricity for residents in PA and neighboring states that use PA’s electricity and (b) stop any new natural gas-fired power plants from being built in the state. In time, RGGI will also kill off existing PA gas-fired power plants. That’s precisely what the left wants to see happen, and it is using its resources (money and lawyers) to try and make it happen.