Recent Important Ohio Oil and Gas Court Decisions
The legal beagles at the Vorys energy law firm have been keeping a close eye on court cases in Ohio that affect the oil and gas industry. Two of those cases caught our attention as being worthy of mention because they have the potential to affect Utica Shale rights owners, and conversely drillers, in the Buckeye State. In one case, a landowner thought she could terminate a lease by not picking up her mail and depositing royalty checks in the mail. Just ignore the mail and claim the driller wasn’t paying up. Oops. Nice try, but that didn’t fly in court. In another case, a landowner with an old oil & gas lease (dating back to the 1970s) tried to break the lease because the driller is happy as a clam to simply get gas out of conventional/vertical/shallow wells, and not go after (or allow someone else to go after) the deeper shale layers. The landowner tried to get the court to at least agree to free up the deeper layers so he could lease those–but no dice. The court found the existing lease is producing in “paying quantities” and under the terms of the lease, the landowner does not have the right to sever the lower layers from the upper layers. Here’s the details, with copies of the respective court decisions…
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This is sick. Grab your barf bag before you read it. A group of radical adults have brainwashed (we’d call it mentally abused) a group of children to the point the children are allowing their abusers to use them in a lawsuit against the United States government–to force the government to turn over its sovereignty to other nations in the name of man-made global warming. In August 2015, MDN told you about a lawsuit brought by a group of left coast radicalized children who want to force the federal government to become communist and “force action” on mythical climate change (see 
Yesterday the federal Second Circuit Court of Appeals ruled against the New York Dept. of Environmental Conservation’s request to slap an ongoing block of construction for Millennium Pipeline’s Valley Lateral Project. As a quick reminder, Valley Lateral is a tiny, 7.8 mile pipeline that will connect the main Millennium line to the CPV Valley Energy Center gas-fired electric plant, currently under construction, due to be completed in the first quarter of next year. The DEC doesn’t like the power plant project (approved by the State of New York), and is using the pipeline as a political football to try and keep the plant from opening–no doubt at the direction of our corrupt governor, Andrew Cuomo. The DEC arbitrarily, after more than one year of review, ruled against issuing a federal water crossing permit for the pipeline. In an historic decision, the Federal Energy Regulatory Commission (FERC) overruled the DEC in September (see 
A bald eagle’s nest built in a pine tree near where a tiny 7.8 mile pipeline is supposed to pass in Orange County, NY is the latest wrinkle that threatens to stop the pipeline in the ongoing soap opera that is corrupt New York State. The pipeline is a short spur, an offshoot, from the nearby Millennium Pipeline. It will feed the Competitive Power Ventures (CPV) gas-fired electric generation plant currently under construction in Wawayanda. The CPV plant is due to be completed early next year. According to Millennium, if they don’t start construction (tree clearing) TODAY, Dec. 6, there is no way to get the pipeline done in time to feed the plant–and that may well drive CPV’s project into bankruptcy. The eagle’s nest is being used as an excuse by New York (and rabid antis) to try and block the pipeline from getting built. Here’s the latest episode in this ongoing soap opera…
THE Delaware Riverkeeper herself is back with more of her overlord’s money to file yet another frivolous lawsuit against a pipeline project in New York State. In August 2016, Millennium filed an application for what it calls its Eastern System Upgrade (see 
A Harrison County, OH landowner signed a lease back in 2006 granting a driller “broad rights” to extract oil and gas on and beyond his property. The lease was signed for $1 plus royalty payments. Obviously the landowner (frankly, nobody) at the time had any idea the Utica Shale miracle would happen just a few years later. The lease signed by the landowner was, in retrospect, a bad one. But that doesn’t excuse the landowner from living up to the obligations under that lease, which the landowner has learned the hard way. The lease was sold to Eclipse Resources and Eclipse wanted to, under the terms of the lease, drill new wells which would not only drain that landowner’s property (136 acres), but also drill under neighboring properties where Eclipse also owned the lease rights. That is, the well would be located on the landowner’s property but access gas under other properties–yielding royalties to others but not the landowner. The landowner objected to new wells on his property without a new lease (can’t blame him). However, first a district court and now the U.S. Sixth Circuit Court of Appeals decided for Eclipse against the landowner. Below is a summary of Eclipse Res. Ohio, LLC v. Madzia, followed by a copy of the full decision from the Sixth Circuit…
In June, radical anti-drillers from the Pennsylvania Environmental Defense Foundation won a case at the PA Supreme Court by the skin of their teeth (
Summit Midstream Partners was drilling underneath a road and a creek in Belmont County, OH on Oct. 19 to install a pipeline when they experienced an “inadvertent return” (i.e. leak) of drilling mud into the creek. If you’ve read MDN for any length of time, you will have read about other such instances by other companies. Because we constantly have new readers, we post the following explanation, which will sound like a broken record for long-time readers: Drilling mud is bentonite, a form of non-toxic clay also used to make kitty litter, cosmetics and toothpaste–among many, many other consumer products. The only threat posed by a spill of bentonite is that enough of it spills to clog the gills of fish or smother little critters like salamanders. That’s it. Think about taking half a dozen bags of kitty litter to a creek nearby and dumping them all in. It’s nothing. No pollution. We’d certainly rather not have any such accidents–but the reality is, they sometimes happen. That’s why non-toxic bentonite is used. The Ohio EPA stepped in and cited/fined Summit for the spill. Fair enough. But that’s not what this story is about. This story is about a family that lives near the spill. They hated Summit’s “loud” drilling before the spill, and now are using Summit’s spill and cleanup work (some of it happening in their front yard) as an excuse to sue Summit, hoping to score big bucks. Good luck with that…
Lancaster Farmland Trust, a leftist group that seeks to stop all development of land in and around Lancaster County, PA, sued a farmer and Atlantic Sunrise Pipeline after the Lancaster farmer signed an easement on a piddly 1.5 acres of land. The Trust claimed according to the terms of the deed the landowner didn’t have the right to sign the easement (see 
The United States Supreme Court has refused to hear an appeal of an important West Virginia case, which means the current ruling stands that allows EQT and other drillers to deduct “reasonable” post-production expenses from landowner royalty checks. It is a victory for drillers and a blow to some landowners. How did we get here? A brief history: Last December MDN reported on the huge WV Supreme Court decision against EQT that disallows EQT from deducting post-production expenses from royalty checks, even with signed contracts in place (see 
PennEast Pipeline is a $1 billion, 120-mile primarily 36-inch natural gas pipeline that will stretch from Dallas (Luzerne County), PA to Transco’s pipeline interconnection near Pennington (Mercer County), NJ. The pipeline is an important conduit to move gas from the prolific gas fields of northeastern PA to markets in southeast PA and New Jersey. From the beginning of the project there have been a collection of so-called environmental organizations opposing it–including THE Delaware Riverkeeper, NJ Sierra Club, and the NJ Conservation Foundation. All radical groups, far far out of the mainstream. They also share something else besides an irrational hatred of fossil fuels–they’re part of a conspiracy to defeat PennEast funded by the William Penn Foundation. William Penn funds the aforementioned groups, as well as buying their own “media” in news outlets by funding StateImpact Pennsylvania and a news site called NJ Spotlight. William Penn sits in the background, pretending to be apart and aloof (to protect their IRS non-profit status) while pulling the strings and directing the opposition. Why the IRS turns a blind eye, we can’t say. At any rate, William Penn pulled another string this week–prompting their serfs at the NJ Conservation Foundation to file a lawsuit against the Federal Energy Regulatory Commission (FERC). The cockamamie claim is that IF FERC approves PennEast, the pipeline will then be able to invoke eminent domain to allow it to enter properties and complete route mapping for the pipeline. Right now some hardened antis who live along the route refuse to allow PennEast to step one foot on their property. So NJ Conservation Foundation has filed a lawsuit (copy below) to prevent FERC from issuing a final certificate for PennEast because PennEast will then gain the right of eminent domain. The lawsuit claims PennEast using eminent domain to build the pipeline would be an improper “taking” of private property under the Constitution. The only problem (for the William Penn-backed NJ Conservation Foundation) is that no “taking” has actually happened until FERC approves the project. That is, the lawsuit anticipates a harm that hasn’t happened. We expect that little fact will not escape the judge’s notice and that the lawsuit will be tossed in short order…
A month ago MDN brought you the news that the U.S. District Court in Akron, OH had made a major ruling that affects all Utica landowners and drillers (see 
Who says you can’t buy a court decision–at least a temporary one? Back in May MDN told you about the antis running the City of Green, Ohio hellbent on stopping the NEXUS Pipeline, all of it (see 
This is getting pretty old, fast. Two weeks ago MDN told you about a lawsuit that finally got it’s day in court–a case brought by a Wayne County, PA landowner against the Delaware River Basin Commission (DRBC) over its ongoing, 10+ year ban on fracking in the Delaware River Basin (see