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20 New Shale Well Permits Issued for PA-OH-WV Apr 10-16
New shale permits issued for Apr. 10-16 in the Marcellus/Utica picked up two from the prior week. There were 20 new permits issued in total last week, up from 18 in the prior week. Last week’s tally included 13 new permits for Pennsylvania, 4 new permits for Ohio, and 3 new permits in West Virginia. Last week the top receiver of new permits was Coterra Energy, with 6 new permits issued in Susquehanna County, PA. EQT was number two with 5 new permits, all of them issued in Greene County, PA.
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In a case initially filed last summer in Ohio, a Belmont County mineral rights owner alleges that Rice Drilling (now owned by EQT) drained natural gas from a rock layer it did not have the right to access according to the signed lease. Golden Eagle Resources says the lease allowed Rice to drill down only as far as the Utica Shale layer, which Rice did. However, Golden Eagle says fractures from Rice’s fracking of the Utica layer reached down into the adjacent Point Pleasant layer and drained some of the gas from the Point Pleasant too–and that’s a no-no according to the lease.
The Ohio Court of Appeals recently issued a decision in a case involving lease language about a “depth severance clause” that is very important for both landowners and drillers to know about. In Tera LLC v. Rice Drilling D LLC, et al., a landowner in Belmont County, OH, signed a lease with language that leases both the Marcellus and Utica shale layers, but all other formations were “reserved to the lessor” (i.e. the landowner). However, the driller, Rice (now EQT), drilled into and produced hydrocarbons from the Point Pleasant layer that sits immediately below the Utica. According to the lease (and the decision by the court), that was a no-no.