OH Court Case Mixed Bag for Landowners re Post-Production Deductions
A lawsuit that slipped by us (and is still playing out) that began in Carroll County, OH, has major ramifications for landowners and drillers across the state. The case is EAP Ohio LLC v. Sunnydale Farms LLC, et al. in which 13 oil and gas leases were executed in 2008 and 2009 in Carroll County, Ohio. The 2008 Leases contained an identical royalty clause that limited post-production deductions to three categories: transportation, compression, and/or dehydration to deliver the gas for sale. After drilling wells on those properties, EAP (Encino Energy) deducted several other items from royalties, including costs incurred for processing, treating, fuel, gathering, and trucking. The lawsuit tussles with the issue of how terms are defined and whether these “extra” categories are allowed under the lease’s language. Read More “OH Court Case Mixed Bag for Landowners re Post-Production Deductions”
WhiteHawk Energy is smitten with PHX Minerals. For the last 16 months, WhiteHawk has been trying to get PHX down the marriage aisle in any way it can. PHX has repeatedly given WhiteHawk the cold shoulder. WhiteHawk’s latest attempt, which we told you about in November, was an appeal to PHX shareholders to pressure the board to sell at $4 per share (see 
In something of a surprise (for us), the Ohio State Senate passed House Bill (HB) 308 yesterday, a bill that extends the standard lease terms for drillers who want to drill under (not on) state-owned land from three years to five years. The bill also extends the total amount of time fracking operations can last from six years to eight years. Sensible increases in both cases. The Ohio House previously passed the bill. The Senate version is slightly different from the House version, so it heads back to the House to reconcile the two versions, and then it heads to the desk of RINO Gov. Mike DeWine for his signature. No telling whether he will sign it or not. 
There is an important development for landowners AND drillers in a class action case that began some seven years ago. A civil suit was brought by Harrison County oil and gas owners against Antero Resources Corp., claiming the company had deducted post-production costs from royalties not allowed under the leases they had signed. In 2022, the U.S. District Court for the Northern District of West Virginia ruled mostly in favor of the landowners. The District Court sent two certified questions to the state Supreme Court. The Supremes ruled on both issues in November. The court ruled that energy companies cannot deduct post-production costs without explicit lease language, favoring royalty owners over drillers. 
MDN first reported on a lawsuit by a group of Wyoming County, PA, landowners back in January 2019 (see 
Some 15 months ago, WhiteHawk Energy, headquartered in Philadelphia with ownership of mineral and royalty interests for over 1 million gross unit acres and over 3,400 producing horizontal shale wells between the Marcellus and the Haynesville, proposed marriage to PHX Minerals, based in Fort Worth, Texas, owner of 75,000 leased mineral acres principally located in the SCOOP and Haynesville plays (see 
Today, we bring you news about a lawsuit filed just over three years ago, in September 2021, by four landowners in southwestern Pennsylvania who leased their land to Range Resources for drilling. The lawsuit is just now coming on our radar screen. Range did drill and, claims the landowners, deducted expenses from royalty checks for both methane and NGL production that were not allowed. The case is being heard in the U.S. District Court for the Western District of PA and continues to advance. On September 30, a judge certified the case as a class action with the potential to affect 204 landowners with leases containing specific language. 
WhiteHawk Energy, headquartered in Philadelphia and owning mineral and royalty interests for over 1 million gross unit acres with over 3,400 producing horizontal shale wells between the Marcellus and the Haynesville, announced yesterday the acquisition of additional Marcellus Shale natural gas mineral and royalty assets for an undisclosed amount. The deal added 435,000 gross unit acres across southwestern Pennsylvania and northern West Virginia. 
In 2015, a group of nearly 60 landowners in northeastern Pennsylvania who had leased their land for fracking filed a lawsuit against Chesapeake Energy, Anadarko, Statoil (now Equinor), Mitsui E&P, and Access Midstream (later bought by Williams), alleging the companies had improperly deducted post-production costs (e.g., gas gathering and transportation expenses) from royalties owed to the landowners in breach of their respective leases. The lawsuit also alleged collusion and conspiracy to defraud the landowners. The lawsuit was on hold for many years while other lawsuits played out. Earlier this year, a federal court in Scranton unpaused this lawsuit, and yesterday, the judge ruled, tossing out the landowners’ claims.
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.
A study led by Binghamton University and the University of Nevada, Las Vegas (UNLV) claims it has uncovered that energy companies pressure landowners into allowing hydraulic fracturing (fracking) on their properties, “often resorting to persistent and personalized tactics.” In other words, those nasty frackers bully poor landowners into signing leases. We have no doubt there are landmen who twist arms a little too tightly, but this study has a few flaws in our humble opinion. 
We spotted news that the Cambridge City School District (in Guernsey County, Ohio) has signed a second lease with Encino Energy (EAP Ohio LLC) to allow shale drilling under 4.8 acres. The first lease (which we missed) was signed in February of this year, allowing Encino to drill under 182 acres. The land is located along Wills Creek Valley Drive, often called the main campus. EGADS! Drilling *under* little chil’ren? Monstrous! (That’s sarcasm, folks. We know of other wells drilled directly next to schools in PA, with zero health and safety effects on the kiddies.)
The Ohio Oil and Gas Land Management Commission (OGLMC) continues to do its job. Yesterday, the group held a meeting and awarded five contracts for drilling and fracking UNDER (not on) several state-owned lands, including a contract with EOG Resources to drill under 85 acres in Keen Wildlife Area in Washington Township, Harrison County, for $211,650 ($2,500/acre). Also of interest at yesterday’s meeting was that 40 parcels of land in Salt Fork State Park and Salt Fork Wildlife Area were removed from the committee’s agenda. Apparently, the nominating company withdrew its application for those tracts.
In June, MDN told you about a very small lease deal on offer for North Huntingdon Township in Westmoreland County, PA (see 