Ohio DMA Case Sheds Light on Surface vs Mineral Rights
How much of an effort is “enough” when a surface landowner in Ohio tries to locate the owner(s) of the belowground mineral rights under his or her land using the Dormant Mineral Act (DMA), with an eye toward reclaiming those rights? Is it enough to search the public record archive in only the county where the land is located? The Ohio Supreme Court recently ruled in two cases to say no, it’s not enough to run a quick search in one county when attempting to locate mineral rights owners.
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RSG, or “responsibly sourced gas,” is the topic du jour these days among utility companies and other buyers of natural gas, and (because customers are demanding it) among drillers who provide the gas. The Marcellus/Utica is leading the way when it comes to RSG. At least, that has been our sense in closely monitoring news not only about the M-U but all shale plays. We now have some hard numbers to back up our suspicion that the M-U is leading RSG efforts. According to S&P Global Commodity Insights, by the end of 2022, more than 20 Bcf/d of U.S. gas production is set to undergo third-party certification. Of that, some 60% (or 12 Bcf/d) will originate in the M-U.
The editorial writers at the Wall Street Journal have taken notice of something MDN has been trumpeting for more than four years: The same three Democrat judges who sit on the U.S. Court of Appeals for the Fourth Circuit keep killing U.S. energy projects. Specifically, they’re prejudiced against natural gas pipeline projects. We’re talking about Judge Stephanie Thacker, appointed by Barack Hussein Obama; Judge James Wynn, appointed by Barack Hussein Obama; and Chief Judge Roger Gregory, appointed by William Jefferson Clinton. These three leftwing judges find the smallest, nitpicky things to use as an excuse to block the completion of the 94% completed, 303-mile Mountain Valley Pipeline (MVP). Enough!
Pennsylvania, Ohio, and West Virginia are all scrambling to form working groups or other alliances in an attempt to be THE state chosen for one of four regional hydrogen hubs funded by the recently passed so-called Biden infrastructure bill (see 
An interesting case recently decided by Ohio’s Fourth District Court of Appeals has a significant impact for both surface landowners and drillers. The case is Zimmerview Dairy Farms, LLC v. Protégé Energy III LLC and establishes, under Ohio law, that a general release of damages contract (typically signed by landowners when they lease land for drilling or pipelines) does not release a driller or pipeline company from its ongoing obligation to remediate (fix) and restore damage to a landowner’s property.
As we told you last week, Energy Transfer, during its first quarter update, spoke about the now-completed Mariner East pipeline system that flows NGLs, including ethane, propane, and butane, from eastern Ohio and southwestern Pennsylvania all the way to southeastern PA and the Marcus Hook terminal (see 
In December, Tennessee Gas Pipeline (TGP), a subsidiary of Kinder Morgan, filed a proposal with the Federal Energy Regulatory Commission (FERC) to implement a “responsibly sourced natural gas (RSG) supply aggregation pooling service” at select locations across the TGP system (see 
LNG seems to be the word on everyone’s lips these days–everyone in the oil and gas space, that is. Two weeks ago TC Energy (formerly TransCanada), a huge midstream/pipeline company, issued its first quarter update and held a conference call with analysts. We’re just now learning about some of the chatter coming from that update–very interesting chatter. LNG was a hot topic–flowing more molecules, especially Marcellus/Utica molecules–to LNG export facilities along the Gulf Coast. TC Energy CEO Francois Poirier said during a conference call that roughly one-quarter (25%) of all the molecules that flow to U.S. LNG export facilities get to those facilities by traveling through TC’s pipelines.
Sometimes U.S. Joe Manchin from West Virginia makes us nervous. He’s done great work in blocking Joe Biden’s radicalized agenda to destroy fossil energy by blocking the Build Back Worse program Biden and the Dems desperately wanted (saving the country from complete ruin with runaway hyperinflation). But then we read about Manchin tinkering with the idea to assess a tariff on foreign imported goods, like steel and cement, that are made in countries (like China) that don’t give a flip about environmental controls. Supposedly such a tariff would encourage those countries to use more natural gas, or encourage more American manufacturing of those goods (because our plants use clean natgas). We’re not sure what to make of Manchin’s efforts.
Wow! This is getting interesting…and scary. The NYMEX futures price of natural gas for the current “front month” contract soared another 37 cents yesterday to close at $8.78 per MMBtu. Another 14-year high. It certainly looks as though the price will soon blow by $9/MMBtu. One expert says “we feel we easily can go over $10 in prompt-month [pricing] over the next several weeks.” Yikes! What’s causing this massive spike?
In March the Pennsylvania Environmental Quality Board (EQB), a sub-agency of the Dept. of Environmental Protection (DEP), approved a final version of onerous new regulations that supposedly will capture every last molecule of stray methane that leaks from shale and conventional drilling operations (see 
Somehow the memo hasn’t yet reached the White House that the radical left base of Joe Biden’s supporters, the small minority of wackos who actually run the show, have turned their back on and now oppose carbon capture and storage (CCS) because it is a “distraction” from achieving renewable nirvana (see