WV Supreme Court Rules Antero CAN’T Deduct Royalty Expenses
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. Read More “WV Supreme Court Rules Antero CAN’T Deduct Royalty Expenses”
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 
Yesterday, MDN told you about a very small lease deal on offer for North Huntingdon Township in Westmoreland County, PA (see 
We’re always interested in lease signing bonuses and royalty rates. We don’t see as many references today as we did five and ten years ago. Typically, we learn about lease rates when municipal-owned land is leased, as is the case for a small parcel in North Huntingdon, PA (Westmoreland County). Apex Energy is offering North Huntingdon $1,500 per acre in a signing bonus to lease 4.5 acres of town land for a grand total of $6,760. It ain’t much, but it’s better than a sharp stick in the eye, right?