U.S. Supreme Court Refuses to Hear Antero’s WV Well Tax Case
In a court case that stretches back to 2019, Antero Resources, the biggest driller in West Virginia, challenged how its wells had been valued for tax purposes in Doddridge and Richie counties for 2016 and 2017. Antero said the combined value of its wells for those years should have been $1.488 billion. The state tax commissioner reckoned the value to be $1.513 billion. The controversy over well valuations, not only for Antero but other drillers, led to a reworking of how the state law values shale wells (see WV Supreme Court Tweaks Shale Well Property Tax Calculation). The controversy eventually led to a newly passed bill aimed at clearing up the fuzzy edges of how to interpret well valuations (see Bill to Fix WV NatGas Property Tax Rule Close – Will Gov Sign?). Gov. Jim Justice signed the bill (House Bill 4336) into law in March 2022. But there was still the matter of Antero’s valuations under the old rules…
UPDATE: There is an important update/correction listed below.
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New shale permits issued for Oct 2 – 8 in the Marcellus/Utica were the same exact number as those issued the previous week. But wow, was there a shift in where they were issued! There were 23 new permits issued last week. Last week’s permit tally included a pathetic 4 new permits in Pennsylvania, 1 new permit in Ohio, and a whopping 18 new permits in West Virginia (after WV issued 13 the week prior). Antero was the top recipient, receiving 11 permits across two counties in WV: Doddridge and Wetzel. HG Energy received 7 permits in Lewis County, WV.
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.
Antero Midstream hired Veolia Water Technologies to build and operate a state-of-the-art frack wastewater recycling facility in Doddridge County, WV, which began operations in 2017 (see 
Yesterday both Antero Midstream (the pipeline subsidiary of Antero Resources), and Crestwood Equity Partners announced a deal to sell Crestwood’s remaining Marcellus assets to Antero for $205 million. The assets include 72 miles of dry gas gathering pipelines and nine compressor stations with approximately 700 MMcf/d of compression capacity located in Doddridge County and Harrison County in West Virginia.