Energy Companies | Industrywide Issues | Lease & Royalty Payments | Pennsylvania | Pipelines | Repsol | Tioga County (PA)
Tioga County, PA Leased Landowners Lose Case to Block Gathering Pipe
Last Friday a federal judge in Pennsylvania rejected arguments from three Tioga County, PA landowners who claimed Marcellus driller Repsol did not have a right to install a gathering pipeline across their property. The landowners leased their property for oil and gas development and their property now flows gas, for which they’re paid royalties. Even so, the landowners claim Repsol does not have the right to build a pipeline because it flows gas from other properties not part of their unit. Like all lawsuits, this one is complicated, but instructive for landowners (and drillers) when it comes to pipelines and leases.
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A few weeks ago MDN told you about Peregrine Energy Partners buying royalty payment rights from landowners in Doddridge County, WV (see 
Back in 2012 Gulfport Energy drilled a pair of exceptional Utica wells in Belmont County, Ohio–both on the same pad. The first was the Shugert 1-1H which had an initial production (IP) rate of 20 million cubic feet of natural gas per day (Mmcf/d). It also produced an initial 144 barrels of condensate per day, and 2,002 barrels of natural gas liquids per day (see 
Peregrine Energy Partners, headquartered in Dallas, Texas, continues a program to buy royalty rights in the Marcellus/Utica. Peregrine announced yesterday the company has cut a deal to buy “producing royalties in Doddridge County, West Virginia from several private sellers.” The private sellers are landowners/rights owners with wells drilled by Antero Resources and Jay-Bee Oil & Gas. No details on how much the deal was for.
CBS News, an ultra-biased mainstream media news outlet that we don’t typically watch or read, is publishing a series of articles on the effects of COVID-19–how it has changed the lives of average Americans. In a somewhat unusual twist, CBS focused on landowners in southwestern Pennsylvania who leased property for shale drilling. How has COVID impacted them? CBS interviewed several landowners who have seen their royalties drop like a rock over the last year–down some 75% from just a year ago. While CBS doesn’t say COVID is responsible for all of that drop, they do theorize it has contributed. Has it? Or is something else responsible for the huge drop in royalties?
It’s time to revisit a long-festering royalty lawsuit against Chesapeake Energy and Anadarko Petroleum filed by the Pennsylvania Attorney General’s office. The case has been through several layers of courts and finally ended up at the PA Supreme Court last fall (see 
Do you remember the child’s game called “Simon Says”? That’s what we were thinking when we read about a lawsuit in Ohio by landowners against a group of shale drillers. The lawsuit, initiated by several landowners in Belmont County, OH, claims the drillers drilled too deep–into the Point Pleasant rock layer–when the leases signed only mention the Utica rock layer. The lawsuit, which is seeking class action status, claims “unjust enrichment” by the drillers.
Last November MDN told you that Northeast Natural Energy, a small-to-midsized driller headquartered in Morgantown, WV, had lost an arbitration battle and owed a group of landowners in central Pennsylvania $7.9 million in payments for NOT drilling on their land (see 
On Sunday a week ago (June 28) Chesapeake Energy filed for bankruptcy (see 
Although many landowners in the Marcellus/Utica (at lease those who are interested) have already signed leases to allow shale drilling on and under their property, not all have. And sometimes leases expire with no drilling. Plus, not all landowners have leases that allow pipelines and other development (like solar projects). The Ohio State University Extension is offering several webinars at the end of June of interest to all landowners general, and Ohio landowners in particular, with an interest in leasing and mineral rights.
On Wednesday the Pennsylvania Supreme Court heard oral arguments in a case challenging whether or not the state Attorney General’s office has the right to use a consumer protection law to prosecute companies like Chesapeake Energy and Anadarko over royalty payment shenanigans. The law the AG’s office wants to use has never been used that way before. According to legal experts, drillers are very concerned if the AG’s office wins this one, as we reported last November (see 
Chesapeake Energy keeps winning Ohio royalty lawsuits in the U.S. Court of Appeals for the Sixth Circuit. In March the company beat a lawsuit by a group of Ohio landowners who claimed Chessy had cheated them out of a collective $30 million in royalties (see 
On October 3, 2016, landowner James Slamon filed a lawsuit against Carrizo and Reliance Industries in the Susquehanna County (PA) Court of Common Pleas. Slamon alleged Carrizo and Reliance underpaid royalties on oil and gas leases to him and a class of other landowners “exceeding one hundred members.” The drillers got the case moved to federal court on October 31, 2016. Fast forward to this past Monday and a judge in the federal court case has certified (in part) the class-action request. The lawsuit will now move forward.
Last July MDN broke the news that LOLA Energy had filed a lawsuit in Greene County, PA against EQT for allegedly drilling shale wells under property EQT formerly leased, but property for which the leases had lapsed and were subsequently scooped up by LOLA Energy II (see 