Industrywide Issues | Lease & Royalty Payments | Litigation | Pleasants County | Statewide WV | West Virginia
WV Supremes Rule on “In-Kind” Royalties & Post-Production Deductions
In April, MDN told you that the West Virginia Supreme Court was scheduled to hear oral arguments in two important oil and gas royalty cases (see WV Supremes Hear Oral Arguments in 2 Important O&G Royalty Cases). One of those two was Kaess v. BB Land LLC, a case we were not previously aware of. In Kaess v. BB Land LLC, the Supremes were asked to rule on two questions: (1) whether an implied duty to market applies to leases containing an “in-kind” royalty provision, and (2) whether the requirements for deducting post-production expenses apply to in-kind royalty leases. The Supremes ruled on Friday—in favor of landowners. Read More “WV Supremes Rule on “In-Kind” Royalties & Post-Production Deductions”
Alice, get ready to go down the rabbit hole into litigation Wonderland. This post is about a Pennsylvania Supreme Court decision issued on May 30, 2025. In the case Commonwealth of Pennsylvania, Pennsylvania Game Commission v. Thomas E. Proctor Heirs Trust, the PA Supremes addressed a question from the Third Circuit Court of Appeals regarding whether a 1908 tax sale of an “unseated” (undeveloped) parcel of land, the Haines Warrant, constituted a “title wash” that divested the subsurface estate owners of their ownership interest. We think the case has broader implications for landowners and drillers with respect to who owns mineral rights that have been separated from surface rights. 
WhiteHawk Energy is smitten with PHX Minerals. WhiteHawk has been trying to get PHX down the marriage aisle in any way it can for nearly two years. PHX has repeatedly given WhiteHawk the cold shoulder (
The West Virginia Supreme Court was scheduled to hear two significant oil and gas royalty disputes during a morning session today. Both cases center on whether natural gas companies can deduct post-production costs from royalty payments and, if so, under what circumstances. The stakes are incredibly high for both landowners and drillers. The first case, Kaess v. BB Land LLC, we had not previously heard about. The second case, Romeo v. Antero Resources Corporation, we have heard about. We first reported on that case back in 2017 (see 
An important decision was recently issued in a federal court case (in Ohio) that potentially affects landowners and drillers with shale leases throughout the Marcellus/Utica. At least, we believe it has broader implications. The case, The Grissoms, LLC v. Antero Resources Corporation, was decided by the United States Court of Appeals for the Sixth Circuit (6th Circuit) on April 2, 2025. The case involves a dispute between a certified class of 370 Ohio landowners and Antero. The landowners alleged that Antero underpaid them $10 million in natural gas royalties by improperly deducting certain processing and fractionation costs from their royalty payments, violating their lease agreements. In 2023, the landowners won against Antero in the U.S. District Court for the Southern District of Ohio, Eastern Division (see 
Earlier this week, MDN told you about a mineral/royalty rights purchase made by WhiteHawk Energy, increasing its ownership interest in 475,000 gross acres in the Marcellus Shale for $118 million (see 
GREAT news! The Ohio Oil and Gas Land Management Commission (OGLMC) met for about 15 minutes on Friday and voted to award Encino Energy the right to drill under (not on) 62.5 acres of Leesville Wildlife Area located in Carroll County. Encino will pay a $218,715 signing bonus and 18% royalties on any oil and gas produced. Landowners in Carroll County, pay attention: That works out to be a hefty $3,500 per acre for a signing bonus. 
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 that it has doubled its ownership in Marcellus assets in Washington and Greene counties in southwest Pennsylvania. WhiteHawk paid $118 million to increase ownership across 475,000 gross acres in the Marcellus Shale. The drillers operating on those acres include EQT, Range Resources, and CNX Resources.
Last week, MDN told you that fracking has begun under the park, and literally nobody noticed (see 
There are deadbeats in every industry, including (unfortunately) the oil and gas industry. Some O&G producers in West Virginia are gaming the system by not paying landowners/rights owners the royalties they are due. Typically, this does not apply to shale drillers, mostly larger companies. However, with (some, very few) smaller conventional drillers, they just don’t pay royalties owed. And if the check is for under a hundred bucks, what can a landowner do? Hiring a lawyer to litigate would cost more than the money received. A new bill making its way through the WV Senate would fix the situation. 
The Pennsylvania Game Commission (PGC) owns and manages more than 1.5 million acres of state game lands throughout the Commonwealth. The primary purpose of these lands is the management of habitat for wildlife and providing opportunities for lawful hunting and trapping. You might think PGC gets most of its revenue from hunting and trapping licenses and fees. You would be wrong. PGC allows shale drilling on some of its vast holdings, and leases and royalties generate 39% of the income for PGC (as of 2024). The problem (if you can call it a problem) is that royalty revenue from shale for the PGC varies widely from year to year. For example, the revenue flowing to PGC from shale during its last fiscal year decreased by a whopping 46%. But the PGC was ready. The way the PGC prepares for those wild swings is instructive for all landowners. 
Yesterday, Rising Phoenix Capital, an investment firm specializing in oil and gas royalty acquisitions, announced the launch of the La Plata Peak Income Fund, a $20 million royalty fund. Rising Phoenix is looking for investors to buy into the fund. Once the company hits its target (maybe before), it will go on the hunt for mineral rights and royalty rights to buy from individuals and companies. Rising Phoenix’s royalty division has previously done a number of deals in the Marcellus/Utica (
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. 
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 
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.