OH Court Rules Adverse Possession of Shallow Minerals Includes Shale
Ohio’s Seventh District Court recently delivered a ruling that affects landowners/rights owners as well as drillers. In Tomechko v. Garrett (full copy below), the justices ruled that “adverse possession” of shallow gas rights expands to include deep gas rights (i.e. shale rights) in cases where shallow production “modified the subterranean structure.” According to the legal experts at Frost Brown Todd, “the Seventh District’s ruling strains credulity” and has the potential to “have unintended consequences and will almost certainly result in greater uncertainty and litigation.”
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Here’s an interesting twist on building new oil and gas pipelines in Ohio. Due to a late filing made by the Ohio Environmental Protection Agency (Ohio EPA), from now on interstate pipeline builders will *not* need to seek and receive a federal section 401 water permit under the Clean Water Act from the Ohio EPA to build the pipeline. Instead, the pipeline builder can just ask the U.S. Army Corps of Engineers for a Nationwide Permit 12 (NWP12). Ohio EPA has been problematic for pipelines in the past (see 
Ohio’s House Bill (HB) 6 law granted billions (plural) of dollars to FirstEnergy in an attempt to prop up the company’s economically failing nuclear power plants. FirstEnergy is accused of bribing state legislators to pass, and keep passed, HB 6 by paying out $61 million (see 
Each quarter the Ohio Dept. of Natural Resources (ODNR) issues an update on Utica (and Marcellus) oil and natural gas production. ODNR no longer issues a summary press release as they once did, which means the quarterly updates kind of fell off our radar. An astute MDN subscriber emailed to ask about the 4Q numbers for Ohio. We checked and discovered we had only reported on 2Q numbers for all of 2020! Today we correct that oversight. ODNR publishes a detailed spreadsheet of all active wells showing oil and gas production by well. We make a copy of that spreadsheet, enhance it to make it more usable, and link to it–for each quarter in 2020. We also do our own sorting to show you the top 25 shale gas wells and top 25 shale oil wells for each quarter in 2020.
Last week, after months and months of dithering around, the Ohio legislature passed a bill that overturns and rescinds House Bill (HB) 6, legislation adopted in 2019 due to $61 million in bribes spread around by FirstEnergy (see 
Finally! After months and months of dithering around, the Ohio legislature has passed a bill that will overturn and rescind House Bill (HB) 6, the legislation that got passed due to $61 million in bribes spread around by FirstEnergy in what has become Ohio’s biggest bribery scandal ever (see 
The Enervus U.S. rig count continues to climb (a very good sign). For the week ending March 24, the U.S. rig count climbed another 11 active rigs to 513. The oil-focused Permian Basin added eight new rigs. The Marcellus stayed even at 33 active rigs while the Ohio Utica picked up one active rig and now has 12 active rigs. The other major shale gas play, the Haynesville, stayed even at 47 active rigs.
Earlier this week the Ohio Supreme Court expanded on one of its prior rulings concerning the Ohio Marketable Title Act (MTA) to try and make things a little bit clearer concerning previously severed mineral rights (severed from surface rights). What is at stake in the MTA is whether surface rights owners can regain possession of mineral rights by using the MTA–at least in some cases. Indeed they can, but certain rules must be obeyed.
Ohio’s House Bill (HB) 6 is a law granting billions (plural) of dollars to FirstEnergy in an attempt to prop up the company’s economically failing nuclear power plants. FirstEnergy is accused of bribing state legislators to pass, and keep passed, HB 6 by paying out $61 million (see 
Ascent Resources, originally founded as American Energy Partners by gas legend Aubrey McClendon, is a privately-held company that focuses 100% on the Ohio Utica Shale. Ascent is Ohio’s largest natural gas producer and the 8th largest natural gas producer in the U.S. The company issued its fourth-quarter and full-year 2020 update earlier this week. According to Ascent CEO Jeff Fisher, “Ascent has successfully delivered on its operational and financial objectives in 2020.” Ascent reports it shut-in (curtailed) roughly 100 million cubic feet equivalent per day (MMcfe/d) of production in 4Q. The company produced 1.9 billion cubic feet per day (Bcfe/d) during 4Q, down from 2 Bcfe/d in 3Q.
Here’s a company we’ve not written about since 2016: IOG Capital. Back in 2015 we first told you that IOG Capital had cut a deal with Seneca Resources to fund Seneca’s Marcellus drilling program in Elk, McKean and Cameron counties in northcentral Pennsylvania (see 
Summit Midstream Partners, formed in 2009 and headquartered in The Woodlands, Texas, operates natural gas, crude oil, and produced water gathering (pipeline) systems in several unconventional shale plays, including the Marcellus and Utica. Last week Summit issued its fourth-quarter (and full-year) 2020 update. One thing was obvious: The company’s Utica Shale segment was the star performer in 4Q and for the entire year.
There is finally movement in Ohio to repeal an odious law passed by Ohio’s Republican-controlled legislature called House Bill 6, which funnels over $1 billion from Ohio ratepayers to FirstEnergy Corporation in order to keep the company’s unprofitable nuclear power plants running (while disadvantaging other power sources, like gas-fired plants). FirstEnergy is accused of bribing legislators to pass, and keep passed, HB 6 by paying out $60 million in bribes (see