4th Circus’ Final “Screw You” to MVP in Va. Eminent Domain Case
In a clear case of sour grapes for the U.S. Court of Appeals for the Fourth Circuit (4th Circus clowns) who tried to block the 303-mile Mountain Valley Pipeline (MVP) by rendering arbitrary decisions that caused years of delays for the pipeline, the court flipped the bird to MVP one last time in a decision issued Tuesday of this week (June 11). Three judges from the 4th Circus re-inflated a jury award against MVP for an eminent domain “taking” case in the Bent Mountain, Virginia, area back in May (see 4th Circus Clowns Punish MVP One Last Time via Eminent Domain Case). MVP appealed to the full 4th Circuit to have all judges re-hear the case, called en banc. On Tuesday, the full court refused, allowing the “screw you” decision by the three loser clowns to stand.
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In February, the Ohio Oil & Gas Land Management Commission (OGLMC) met to award contracts to drill under (not on) several Ohio state parks, including 5,700 acres of the 20,000-acre Salt Fork State Park in Guernsey County (see 
Back in the summer of 2020, MDN told you about a lawsuit brought by an Ohio rights owner called TERA, an organization that owns the royalty rights for a number of leases with wells in Belmont County, OH, drilled by different producers, suing the producers for drilling into the Point Pleasant shale layer when the lease only mentions the Utica layer (see 
A group of landowners in Belmont County, OH, filed a lawsuit against Rice Drilling (now EQT Corporation) in July 2021, alleging the company had shorted them on royalty payments by (a) selling the gas extracted to an affiliated (instead of unaffiliated) third party, and (b) deducting post-production costs specifically disallowed under the signed contract. Several landowners who are part of what was originally known as the Smith-Goshen Landowners Group have requested a federal court in Ohio to elevate the lawsuit to class-action status.
A royalty case that took nearly four years and hundreds of filings by both sides was finally decided by an Ohio jury in March (see 
Here’s a strange one we don’t quite understand. Yet. Two weeks ago we brought you the news that a jury in a federal court had decided a group of Utica shale drillers, including Rice Drilling (now EQT), Ascent Resources, XTO, and Gulfport Energy, were not guilty of “unjust enrichment” by drilling into the Point Pleasant shale layer that sits immediately below the Utica (see 
In February, MDN brought readers the news that Tenaska, one of the largest privately operated companies in the U.S., is building a carbon capture and sequestration (CCS) hub spanning tens of thousands of acres in Pennsylvania, Ohio, and West Virginia (see 
Yesterday, the Ohio Oil & Gas Land Management Commission (OGLMC) met to award contracts to drill under (not on) several Ohio state parks, including the 20,000-acre Salt Fork State Park in Guernsey County. Anti-fossil fuel nutters didn’t disappoint. They showed up and dressed up in burlap bags and silly hats, standing along a wall to protest against the proceeding. Fortunately, the protesters didn’t disrupt or stop the proceeding (they had been threatened with arrest if they did). The big news (for us) is that Encino Energy, which has long coveted the Salt Fork State Park property, did NOT win the contract for it! At some point, Encino pulled its proposal for Salt Fork and instead concentrated on several other parcels. The contract for Salt Fork was awarded to Infinity Natural Resources. We have the complete list of who won which contracts and how much they are paying in signing bonuses and royalties.
Earlier this week, MDN reported on a bill making its way through West Virginia’s legislative sausage-making process (see 
The Pittsburgh Post-Gazette has an excellent article reporting on an effort by Tenaska, one of the largest privately operated companies in the U.S., to build a carbon capture and sequestration (CCS) hub spanning tens of thousands of acres in Pennsylvania, Ohio, and West Virginia. Landmen are “knocking on doors again” in all three states, looking to sign up landowners to store carbon dioxide deep underground. We have the details below, including how much money Tenaska is paying as a signing bonus and how much is on offer (per acre) each year.
West Virginia House Bill (HB) 4292 attempts to close a loophole affecting landowners and mineral rights owners with a conventional oil or gas well. Royalties from conventional O&G wells are typically small, as little as $40-$50 per month. Some energy companies (hopefully very few) that own the wells are intentionally late with royalty payments or outright refuse to make the payments. Because the amounts are so small, lawyers typically won’t take on a case for nonpayment of royalties. This bill aims to fix that.
Peregrine Energy Partners, headquartered in Dallas, Texas, continues a program to buy royalty rights in the Marcellus/Utica and elsewhere. We have chronicled a number of Peregrine’s M-U purchases since 2019 (