Belmont County | Energy Companies | EQT Corp | Industrywide Issues | Litigation | Ohio | Rice Energy
Ohio Court of Appeals Upholds Depth Severance Clause in Shale Lease
The Ohio Court of Appeals recently issued a decision in a case involving lease language about a “depth severance clause” that is very important for both landowners and drillers to know about. In Tera LLC v. Rice Drilling D LLC, et al., a landowner in Belmont County, OH, signed a lease with language that leases both the Marcellus and Utica shale layers, but all other formations were “reserved to the lessor” (i.e. the landowner). However, the driller, Rice (now EQT), drilled into and produced hydrocarbons from the Point Pleasant layer that sits immediately below the Utica. According to the lease (and the decision by the court), that was a no-no.
Read More “Ohio Court of Appeals Upholds Depth Severance Clause in Shale Lease”
The clown judges who occupy the U.S. Court of Appeals for the Fourth Circuit (4th Circus) appear ready to reject a water permit granted by the Virginia State Water Control Board to help finish up the 94% complete Mountain Valley Pipeline (MVP). Three judges from the 4th Circus were appointed back in 2017 to hear appeals by Big Green groups against the project. All three judges are profoundly bigoted and prejudiced against natural gas pipeline projects. Yesterday, the three clowns heard oral arguments from the foreign-backed Sierra Club (and its cronies) arguing the Control Board’s approval of a permit to cross streams and wetlands violates the federal Clean Water Act.
Glenn O. Hawbaker, Inc., long known for providing stone quarries and asphalt plants in Pennsylvania and Ohio, also provides civil construction services for shale well sites. In August 2021, Pennsylvania Attorney General Josh Shapiro announced a plea deal with Hawbaker to pay back $20 million in alleged “stolen wages” from over 1,000 Hawbaker employees (see 
Last Thursday, the Pennsylvania Commonwealth Court dismissed the Dept. of Environmental Protection’s (DEP) claim that the Regional Greenhouse Gas Initiative (RGGI), an obscene carbon tax on gas-fired power plants being forced on PA businesses (and electricity consumers) by former Gov. Tom Wolf and his henchman DEP Secretary Pat McDonnell, was unlawfully delayed by the PA Senate. It is a good news/bad news decision.
We have two related lawsuits to report on involving landowners in Susquehanna County, PA, and Callon Petroleum. As most lawsuits are, these two are complicated. But, at a very high level, the concept is simple. The landowners allege that Callon Marcellus (formerly Carrizo Marcellus) shorted them on royalty payments. The landowners sued, but Callon sold its assets in northeastern PA (to BKV) and engaged in a shell game to move the proceeds of that sale ($74 million) directly to the mothership, Callon Petroleum, as a way of avoiding liability to pay, just in case they lose the royalty lawsuit.
Earlier this month, radical Bidenistas at the EPA announced they have rewritten a rule aimed at regulating all waters in the U.S., putting power over just about everything (including oil and gas drilling) into the federal government’s hands via WOTUS, or Waters of the United States (see 
Last week the Federal Energy Regulatory Commission (FERC) finally approved the Williams Regional Energy Access Expansion (REAE) project, an upgrade to the Transco pipeline in Pennsylvania and New Jersey to deliver an extra 829 MMcf/d of Marcellus gas to PA, NJ, and Maryland (see 
The radicals of Earthjustice have struck again. Representing two other disgusting radical groups–the Sierra Club and Clean Air Coalition of Western New York–last week Earthjustice filed a lawsuit to block the sale of a truly tiny (55 megawatt) gas-fired power plant in Western New York (near Niagara Falls) to a Canadian bitcoin operator. Gov. Hochul wonders why more people are fleeing NY than any other state in the country. This is why.
A group of landowners in Harrison and Doddridge counties (in West Virginia) sued Antero Resources, claiming the company had deducted post-production costs from royalties not allowed under the leases they had signed. Last year, the U.S. District Court for the Northern District of West Virginia ruled mostly in favor of the landowners. Antero appealed the case to the U.S. Court of Appeals for the Fourth Circuit (4th Circuit). Yesterday, the judges of the 4th Circuit issued their ruling (full copy below). Nobody got everything they wanted–we’d call it a split decision. However, Antero did win the right to make deductions in certain circumstances.
Another twist in the effort to overturn a bill passed earlier this year by the West Virginia legislature, Senate Bill (SB) 694, which finally brings forced pooling for shale wells to the Mountain States after eight years of trying (see 
It took us a while to track down this story, but we finally have details about the settlement of a class action lawsuit brought by roughly 60 landowners in Fayette County, PA, against Chief Exploration and Development, the former drilling arm of Chief Oil & Gas (now called Cyprus Exploration and Development). The lawsuit alleged that in 2008, Chief and its landman had cut a deal to lease the landowners’ property and then never paid the stipulated signing bonus. The lawsuit sought $7 million. The landowners ended up settling for $5.5 million earlier this month.
In August, Pennsylvania Attorney General Josh Shapiro (a confirmed shale energy hater who becomes Governor on Jan. 1), announced that he had finally bullied Energy Transfer into pleading “no contest” (meaning they don’t admit to a darned thing) in a so-called criminal case against the company for a series of accidents affecting construction for both the Revolution and Mariner East pipelines (see 
A lawsuit brought by two West Virginia landowners seeking to overturn the state’s newly enacted forced pooling (i.e. unitization) law was put on pause by a federal judge on Dec. 1. The same two landowners had a previous version of the same lawsuit tossed by the judge back in September (see