OH Court Case Mixed Bag for Landowners re Post-Production Deductions
A lawsuit that slipped by us (and is still playing out) that began in Carroll County, OH, has major ramifications for landowners and drillers across the state. The case is EAP Ohio LLC v. Sunnydale Farms LLC, et al. in which 13 oil and gas leases were executed in 2008 and 2009 in Carroll County, Ohio. The 2008 Leases contained an identical royalty clause that limited post-production deductions to three categories: transportation, compression, and/or dehydration to deliver the gas for sale. After drilling wells on those properties, EAP (Encino Energy) deducted several other items from royalties, including costs incurred for processing, treating, fuel, gathering, and trucking. The lawsuit tussles with the issue of how terms are defined and whether these “extra” categories are allowed under the lease’s language. Read More “OH Court Case Mixed Bag for Landowners re Post-Production Deductions”
For the week of Dec 9 – 15, permits issued in the Marcellus/Utica remained healthy. There were 22 new permits issued last week, down just a bit from the 28 issued the week before. The Keystone State (PA) issued 17 new permits, with the bulk of them, 11, going to a single driller, PennEnergy Resources, for a single pad in Beaver County. Seneca Resources scored three new permits in Tioga County. One permit each was issued to Pennsylvania General Energy (Lycoming County), Coterra Energy (Susquehanna County), and CNX Resources (Westmoreland County). 
In November, MDN told you that Diversified Energy and EQT Corporation had settled a class action lawsuit originally brought by several West Virginia landowners (see 
One week ago, MDN told you that Ohio House Bill (HB) 308 had passed votes by both the full House and Senate and was heading to the desk of RINO Gov. Mike DeWine for his signature (see 
JobsOhio
Oil wildcatting is the process of drilling exploratory wells in areas with little to no history of oil and gas production. Wildcatting is a high-risk activity that involves drilling in unproven or fully depleted areas. Wildcat wells are often drilled far from other wells and without the use of well logs or other geological data. Wildcatting can be profitable—or spectacularly unprofitable. A recent Hart Energy article reports that “wildcatting is back.” The very first part of the article focuses on wildcatting that is happening in the Ohio Utica Shale. 
MDN reported that in early October that Infinity Natural Resources (INR) filed an IPO with the Securities and Exchange Commission (SEC) hoping to raise $100 million (see 
The Baker Hughes national rig count dramatically increased two weeks ago, adding seven rigs for a national count of 589 (see 
We’ve brought you the news (a number of times) of how Encino Energy was the first driller to figure out how to coax large quantities of oil from the Ohio Utica Shale (see 
We spotted an interesting article in the Steubenville, Ohio, Herald-Star newspaper that tackles the issue of using eminent domain in the state for various kinds of pipelines. It provides an excellent history of eminent domain used not only for oil and natural gas pipelines but also how the Mariner East pipeline project led to “expanding” eminent domain to include NGLs like ethane and butane. Now, a couple of new types of pipelines are being contemplated in the Buckeye State—hydrogen pipelines and carbon dioxide (CO2) pipelines. Will eminent domain laws expand again to include the new kids on the block? 
We’ve discussed shale wastewater, sometimes called brine or “produced water,” many times over the years. When drilling an oil or gas well deep in the earth, the hole releases naturally occurring water from the depths (far, far below the surface water table) for years after the well is drilled. The water coming out has a LOT of minerals, sometimes mildly radioactive, and is usually called either brine (meaning salty) or produced water. Traditionally, there are two ways to handle all of that water coming out of the ground: (1) recycle it and reuse it for more oil and gas drilling, or (2) pump it back down into the ground from whence it came via an injection well. Ohio University (in Athens, OH) has just won a grant from the U.S. Department of Energy to study how produced water can be cleaned up and used outside the oil and gas sector. 
Yesterday, the U.S. Energy Information Administration (EIA) reported five states produced more than 70% of the record 113.1 billion cubic feet per day (Bcf/d) of U.S. marketed natural gas production in 2023. Two of the five were in the Marcellus/Utica: Pennsylvania (18% of the country’s gas) and West Virginia (8% of the country’s gas). We did some digging and found that when adding the production from PA, WV, and OH, the three together represented 31.5% of all the natural gas produced in the U.S. in 2023. It is an astonishing fact! 
Yesterday, the Ohio Oil and Gas Land Management Commission (OGLMC) voted to award a contract to Gulfport Energy to drill and frack under (not on) about 30 acres of the Egypt Valley Wildlife Area in Belmont County. Commissioners also voted to open an additional 884 acres of Salt Fork State Park in Guernsey County for oil and gas development. During the meeting, commissioners had to work above the chaotic noise from anti-fossil fuel zealots who dressed up in Christmas attire and sang Christmas “carols” substituting anti-fracking lyrics. Yeah, antis made horses’ rear-ends of themselves, as they typically do. 
One month ago, we brought you the news that Diversified Energy and EQT Corporation had settled a class action lawsuit originally brought by several West Virginia landowners (see