OH Landowners File Royalty Class Action Lawsuit Against Chesapeake
A group of Ohio landowners is doing what others have previously done in Pennsylvania, Texas and elsewhere–they’ve filed a proposed class action lawsuit against Chesapeake Energy claiming Chessy has screwed them and about 1,000 other Ohio landowners out of a collective $30 million in royalty payments. The lawsuit was filed last Monday in Columbiana County Common Pleas Court (copy embedded below) by an Akron, OH woman and the owners of two Columbiana County farms. In addition to Chesapeake, French company Total E&P USA, Pelican Energy LLC and Jamestown Resources LLC were also named in the lawsuit. The plaintiffs claim the only allowed deduction from royalties, according to signed leases, is for taxes–not for drilling expenses, not for post-production costs, etc. The lawyers filing the lawsuit figure there are at least 1,000 landowners with 40,000 acres who have been negatively affected by Chesapeake’s royalty shenanigans…
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In a somewhat related story posted today, MDN tackles the thorny issue of taxing pipelines in Pennsylvania. As serendipity would have it, last week Energy in Depth posted an excellent article on the financial impact pipelines are having in Ohio. Would you believe it if we told you that not only will an astounding $8 billion be spent to build new pipelines in the Buckeye State in 2016, but also an estimated $360 million in ad valorem property taxes (taxes on pipelines) will roll in to local municipal coffers. Next year. And every year thereafter! Here’s the numbers broken down by who is doing the spending and paying the taxes, and which pipelines will generate the most economic activity in Ohio next year…
In March 2014 MDN alerted you to a pitch being made by Gateway Royalty to purchase royalty rights from landowners in eastern Ohio (see
Another piece of the puzzle slides into place with respect to the $5.7 billion ethane cracker project in Belmont County, OH planned by Thailand-based PTT Chemical and financial partner Marubeni Corp. from Japan (see
It’s obvious that Hess has pretty much given up on its Utica Shale drilling program. Just last week we told you that Hess is shopping the rest of its remaining Utica acreage (see 
EdgeMarc Energy is a small driller headquartered in the Pittsburgh area, formed in 2012. The company has leased 50,000 acres in the Marcellus and Utica Shales. On Monday EdgeMarc issued a press release to announce they’ve attracted a new investor–the Ontario Teachers’ Pension Plan–which has promised the company up to $300 million in cash in return for part ownership (called an “equity commitment”). The announcement also says EdgeMarc currently drills and produces natural gas in Monroe and Washington counties in Ohio, and Butler County in Pennsylvania. In checking the latest issue of our
May we paint with broad brush-strokes for a moment? It’s been our observation over the years that anti-drillers (and anti-pipeliners, and anti-fossil fuelers) are typically liberal Democrats who have bought into the notion that (a) mankind is catastrophically heating up ole Mother Earth, and (b) they (the lib Dems) are uniquely qualified to run your life for you by choosing your energy sources. They love to tell you how to live your life–i.e. deny you freedom to live your life they way you want to, including selecting your own energy sources. It’s also been our observation that many (not all, but many) of the most vocal antis are hippie retreads who haven’t been this jazzed about a “cause” since the end of the Vietnam war. Yes that’s a very broad generalization and not true in all circumstances–but it’s more true than not. On the other side of the isle, when we’ve attended meetings about fracking and pipelines and FERC scoping hearings–we’ve noticed landowners and small business owners and pro-drillers are the “gray heads with hats” and blue jeans in the crowd. Typically quiet. Perhaps a bit uncomfortable that they’re in the same room with a largely lawless bunch of mouthy antis. The antis tend to form all sorts of groups with innocuous sounding names (Riverkeeper, Mountainkeeper, Trout, Clean Air, Community Rights, etc.). Pro-drillers and landowners? They don’t form groups so much. They don’t protest so much. They’re too busy working their fingers to the bone–paying for the welfare state anti-drillers avail themselves of! So when a group of pro-energy people DO form a group–that’s news. Such a group has formed in Ohio and Michigan in order to support two much-needed pipeline projects–Energy Transfer’s Rover Pipeline and Spectra Energy’s NEXUS Pipeline…
Here’s something that should scare the #$%@ out of you this Halloween: the Community Environmental Legal Defense Fund (CELDF). The CELDF, based in Pennsylvania, is attempting to interfere in other states like Ohio by fleecing local governments into believing they can pass so-called community bill of rights legislation (i.e. “home rule” laws). Problem is, the local communities who have tried it keep getting sued, and losing in court–and taxpayers end up paying tens of thousands of dollars in legal fees in an empty gesture to make a statement opposing shale energy. Our friends at Energy in Depth have put together a video for this Halloween that exposes the CELDF and should scare you to death, especially if you live in Youngstown, OH where a CELDF ballot initiative will be on the ballot this November (next week), for the FIFTH TIME…
Although Chesapeake Energy under Doug “the ax” Lawler has sold off everything but the kitchen sink (see
MDN told you back in April that OH Gov. John Kasich’s insistence that the state budget include a higher severance tax would not happen as part of the 2015 budget (see
It’s not often it happens, so we like to make a big deal out of it when it does–praise for a group of Democrats! Kudos to the Mahoning County Democrat Party for their stand AGAINST the no fracking ballot initiative on the November ballot–otherwise known as the Youngstown Community Bill of Rights initiative. As we’ve previously reported, this is the fifth time this idiotic ballot measure has come up for a vote in the City of Youngstown. The OH Supreme Court ruled it should be on the ballot in November (for a fifth time), even though the same Supreme Court ruled against such “home rule” laws earlier in the year (see 
MDN has just published Volume 2 of the
In January 2014 Hess Corporation sold 74,000 of its 95,000 100%-owned Utica Shale acreage leases to Aubrey McClendon’s American Energy Partners for $924 million (see
There are some 408 parks that are part of the National Park System in the United States. The National Park Service (NPS) is the government agency charged with managing those parks. The NPS has just put everyone on notice that new regulations for oil and gas drilling on and under those parks is coming. In some cases mineral rights are not owned by the government and drilling does happen on or under the parks. Oil and gas drilling currently happens in 12 of the 408 parks, including drilling operations in the Cuyahoga Valley National Park between Akron and Cleveland in Northeast Ohio. Just over half of the drilling operations happening in those 12 National Parks is exempt from NPS regulations. In an annoucement (below), the NPS said (1) we’re about to make drilling regs more strict, and (2) the new regs will apply to all drilling in all National Parks, including the places where it’s currently exempt from NPS rules–even if the mineral rights are not owned by the NPS. It is another power grab by the federal government. The Bureau of Land Management (BLM) tried this tactic with non-park federal lands–a move that landed it in court (see