Fresh Legal Look at Ohio Royalty Post-Production Deductions
Back in April, MDN brought you news about an important decision issued in a federal court case (in Ohio) that potentially affects landowners and drillers with shale leases throughout the Marcellus/Utica (see 6th Circuit Upholds OH Landowner Claims Against Antero re Deductions). 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. According to a law firm writing about the decision, “This case is more than just a win for those plaintiffs. It sets the stage for future mineral owners in their efforts to fight royalty deductions by clarifying a commonly used oil and gas lease provision.” Read More “Fresh Legal Look at Ohio Royalty Post-Production Deductions”
Lithium extracted from Marcellus shale wastewater (brine) has been in the news over the past week or so. Last week, we brought you the exciting news that a Boston-based company, Gradiant, is working on building a lithium production facility in an undisclosed PA location, which we were able to identify as Susquehanna County (see 
The West Virginia Supreme Court recently issued two 3-2 decisions reinforcing that oil and gas producers generally cannot deduct post-production costs from royalty payments to mineral owners unless lease agreements explicitly permit such deductions. We previously reported on both decisions. On June 6, the Supremes ruled in Kaess v. BB Land LLC on “in-kind” royalty leases (see 
Talk about shotgun weddings! WhiteHawk Energy has been smitten with PHX Minerals for two years. WhiteHawk repeatedly proposed marriage (M&A), yet PHX repeatedly gave WhiteHawk the cold shoulder (
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. 
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 
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.