New Research Finds PA Lease Deals Not Tied to Well Productivity
Purely by happenstance, we stumbled across an interesting “working paper” published by the National Bureau of Economic Research. The paper (we’d call it a study) is titled “Negotiations of Oil and Gas Auxiliary Lease Clauses: Evidence from Pennsylvania’s Marcellus Shale” (full copy below), first published in December but subsequently updated in January. Researchers scanned and (using software) analyzed nearly 60,000 leases signed in the Marcellus Shale Play of Pennsylvania. They learned some interesting things about PA leases. One of the main conclusions (eye-opening for us) is that getting more money for your lease is not necessarily tied to whether or not nearby wells are good producers. At best, better lease terms have a “weak relationship” to the performance of other wells in a given geography. What is the secret to getting more favorable lease terms?
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We have two related lawsuits to report on involving landowners in Susquehanna County, PA, and Callon Petroleum. As most lawsuits are, these two are complicated. But, at a very high level, the concept is simple. The landowners allege that Callon Marcellus (formerly Carrizo Marcellus) shorted them on royalty payments. The landowners sued, but Callon sold its assets in northeastern PA (to BKV) and engaged in a shell game to move the proceeds of that sale ($74 million) directly to the mothership, Callon Petroleum, as a way of avoiding liability to pay, just in case they lose the royalty lawsuit.
Headquartered in Philadelphia, PA, WhiteHawk Energy was founded in 2021 to acquire mineral rights and royalty interests in U.S. shale plays. The management team of WhiteHawk has deep roots in the Marcellus, having founded Atlas Energy (a Marcellus driller) that was later sold to Chevron for $4.3 billion. In March 2022, MDN told you that WhiteHawk had purchased mineral and royalty rights in southwestern Pennsylvania, primarily in Washington and Green counties, for $52.5 million, covering 475,000 gross acres (see 
A group of landowners in Harrison and Doddridge counties (in West Virginia) sued Antero Resources, claiming the company had deducted post-production costs from royalties not allowed under the leases they had signed. Last year, the U.S. District Court for the Northern District of West Virginia ruled mostly in favor of the landowners. Antero appealed the case to the U.S. Court of Appeals for the Fourth Circuit (4th Circuit). Yesterday, the judges of the 4th Circuit issued their ruling (full copy below). Nobody got everything they wanted–we’d call it a split decision. However, Antero did win the right to make deductions in certain circumstances.
It’s rare these days to come across information about the terms of a lease deal. Back in the day, when leasing was still going strong and there were a number of landowner coalitions, we would learn of lease terms and share them here on MDN. When we hear of lease terms nowadays, it’s almost always a deal between a municipality or governmental entity and a driller, forcing the information to be made public. We have one such deal to share today. Earlier this week, the East Guernsey Local School District Board of Education (in Lore City, Guernsey County, Ohio) voted to approve an oil/gas lease with Encino Energy.
It took us a while to track down this story, but we finally have details about the settlement of a class action lawsuit brought by roughly 60 landowners in Fayette County, PA, against Chief Exploration and Development, the former drilling arm of Chief Oil & Gas (now called Cyprus Exploration and Development). The lawsuit alleged that in 2008, Chief and its landman had cut a deal to lease the landowners’ property and then never paid the stipulated signing bonus. The lawsuit sought $7 million. The landowners ended up settling for $5.5 million earlier this month.
Just last week, we told you that a West Virginia Circuit Court judge who allegedly waved and pointed a gun at an attorney for EQT Corporation during a hearing about a case brought against EQT by landowners for improper deductions of post-production expenses from their royalty payments had resigned (see 
In January of this year, MDN reported on Pennsylvania State Senate Bill (SB) 806, aimed at providing clarity in the royalty payment statements landowners receive from oil and gas drillers (see 
These days we don’t often see the contract details for new leases signed by landowners to allow shale drilling. We used to see and report on large landowner coalitions and the deals they had struck back in the earlier days of the Marcellus/Utica. But today, about the only time you get any kind of insight into deal amounts comes when municipalities lease land for drilling, given that the business dealings of a municipality must be disclosed publicly. We’re always on the lookout for such deals. Allegheny Township in Westmoreland County (near Pittsburgh) has just approved a shale lease with Olympus Energy to drill under (not on) 27.7 acres of the Tredway Trail. The terms of the deal are…
We have chronicled a number of companies that buy royalty and/or mineral rights from landowners in the Marcellus/Utica over the years (see our previous stories about royalty mineral rights sales 
A press release issued yesterday announced the partnership between an Appalachian driller we aren’t familiar with, Oil Well Shares (OWS), and Canada-based OYA Renewables to form a joint venture called Chrysalis Energy. The new company will use OWS’s 1.5 million leased acres across Pennsylvania, Ohio, and West Virginia to build solar farms, wind farms, and “energy storage infrastructure projects.” We have some thoughts about this partnership and how it may impact landowners.
According to law firm Houston Harbaugh, P.C., deducting fuel costs from landowner royalties continues to be an ongoing and widespread practice. Some leases allow the use of a portion of the raw gas recovered at a well to “fuel” well-pad operations (processing of the gas). Not only are landowners denied a royalty on the fuel gas volume, they also have that same “cost” deducted from their production royalty! According to Houston Harbaugh, this practice of deducting fuel costs must be closely monitored by all landowners.
An oil and gas mineral lease is a critical part of the process for extracting and selling hydrocarbon molecules. MDN editor Jim Willis will present at next week’s