Law Prof Writes About Challenges of Surface v Mineral Rights in WV
A West Virginia law professor and one of his students (who went on to become a trial attorney with the U.S. Dept. of Justice), have just published a research paper on the topic of surface and mineral rights in the Mountain State. The paper, titled “Horizontal Drilling Vertical Problems: Property Law Challenges from the Marcellus Shale Boom” (full copy below) discusses property law challenges that can impede business development and negatively impact landowners and mineral owners in shale regions, with a focus on the West Virginia Marcellus. The paper explains the horizontal drilling and hydraulic fracturing process. A widespread problem in WV is that (because of coal) in many cases the owners of the mineral rights under the ground are not the same people who own the property on the surface. The paper makes the point that while courts can handle one-off cases, the WV legislature should develop better “large-scale policies” to deal with an ongoing, contentious situation…
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In April 2015 the Obama administration’s U.S. Fish and Wildlife Service (USFWS) did a disservice to not only the drilling industry, but the wind industry, farmers and the construction industry. USFWS listed the northern long-eared bat as “threatened” under the Endangered Species Act (see 
Is it April Fool’s Day? Wait, no, it’s January 4th, not April 1st. But honestly, we thought it must be a joke to read that scientists doing “research” claim that living close to a fracking site will make you sick. Not from air pollution. Not from water pollution. But from noise pollution. Yep, loud noises nearby cause things like “stress” and “annoyance” and even diabetes (!) according to Physicians, Scientists and Engineers for Healthy Energy (PSEHE) and Michael McCawley, the interim chair of the Occupational and Environmental Health Department at West Virginia University. The study, titled “Public health implications of environmental noise associated with unconventional oil and gas development,” goes for the jugular–making a case for stricter regulations and larger setbacks (i.e. less drilling). Yet, the researchers don’t do any of their own in-the-field research! They rely on out-of-date research done by others. And they show no causal link between health impacts and shale drilling in the “study”…
On the last business day of 2016, the Federal Energy Regulatory Commission (FERC) issued a favorable final environmental impact statement (EIS) for the Williams Atlantic Sunrise Pipeline (see today’s companion story). Not to be confused with that project, also on the last business day of the year, FERC issued a favorable draft (not final, but draft) EIS for the $5 billion, 594-mile Dominion Atlantic Coast Pipeline project. This is a huge milestone and an indication that FERC will later issue a favorable final EIS, and then a certificate to allow the project to get built. FERC cautioned there is still more work to be done by Dominion to complete field surveys and submit proposals on certain issues that need to get resolved. However, the draft EIS says based on what they see so far, FERC has confidence that Dominion can minimize damage to the environment in building the pipeline. Of course the childish antis came out of the woodwork to begin bleating and blatting, as they so often do, that they pipeline will kill everyone and everything in its path. Typical…
A significant court case was decided last week in West Virginia. The WV Supreme Court ruled in a gas royalty case that not only has significant implications for WV landowners (and drillers), but also may reverberate across the border into neighboring Pennsylvania where the same issue has been a long and contentious fight–what we call a civil war between landowners and drillers. Like all such cases, this one is complicated and not easy to summarize, but we’ll do our best. The WV Supremes have just handed down a decision that says, in essence, that EQT (and by extension other drillers) cannot deduct post-production expenses when calculating royalty payments to landowners. Specifically, the justices in their ruling said that drillers can “not deduct from that (royalty) amount any expenses that have been incurred in gathering, transporting or treating the oil or gas after it has been initially extracted, any sums attributable to a loss or beneficial use of volume beyond that initially measured or any other costs that may be characterized as post-production.” Yikes! That is fantastic news for landowners who now have a case to recoup money deducted from their checks–and really bad news for drillers who will owe that money. The big winners are, of course, the lawyers who will litigate this for years to come. However, hold on to those briefs–EQT has just appealed the decision, asking the WV Supreme Court to reconsider their decision, gently chiding the court for erring in their interpretation of state law on royalties…
The legal beagles at global law firm Norton Rose Fulbright continue to do us all a huge favor. Researchers at the law firm issue a quarterly legislative action update looking at bills and laws previously voted on, and new bills/laws introduced, affecting the oil and gas industry in Pennsylvania, Ohio and West Virginia. The “Quarterly legislative action update: Marcellus and Utica shale region” for 4Q16 (full copy below) begins with a quick listing by state for existing or new laws introduced, with descriptions for each bill/law. This is, in one place, pretty much everything you need to know about what new laws (i.e. regulations) are coming down the pike that will affect the Marcellus and Utica Shale drilling industry…
Lisa Badia, executive director of the Greater Wheeling Coalition for the Homeless “can’t be certain how many homeless people dwell in Hancock, Brooke, Ohio, Marshall and Wetzel counties,” but she is certain that part (much?) of the homeless problem is caused by Marcellus/Utica Shale drilling. Yep, sinking a hole in the ground causes homelessness. How? According to Badia, when drilling came to town 4-5 years ago, a bunch of out-of-staters showed up to work on drilling rigs (and for pipeline companies, etc.). Those out-of-staters began paying sky-high rental rates for apartments and trailers, driving up the price of rental housing throughout the region. And when that happened, folks on welfare could no longer afford to pay the rent (with our taxpayer money). If it’s a decision between booze and cigs or rent, you know what goes! So those po’ folk ended up sleeping on heating grates–because of that nasty, awful fossil fuel drilling…
Based on a recent uptick in new permits issued in PA, OH and WV, a writer for the Daily Caller says “a wave of new fracking is about to hit Appalachia.” We agree! Recent trends all point to an increase in drilling–which is good for landowners, jobs, taxes and the environment (more gas lowers CO2 emissions, if you believe in man-made global warming). Here’s a startling statistic: Fracking is estimated to have generated 4.6 million new jobs and $3.5 trillion in new wealth–in just three years (see today’s companion story). Surf’s up! Here’s the evidence that a new “wave” of fracking is on the way in our neighborhood…
The GoMarcellusShale Forum where landowners and others interested in shale drilling hang out and swap messages back and forth was recently updated to become 
EQT is feeling bullish about natural gas drilling in the northeast for 2017. The company has just released its 2017 operational forecast. What do we notice? First off, they plan to spend $1.5 billion next year, most of which ($1.3 billion) will be used to drill and complete new wells. That’s a whopping 50% increase from spending $1 billion this year. The next thing we notice is what type of wells they intend to drill: 119 Marcellus wells (76 in PA and 43 in WV); 81 Upper Devonian wells, which will be drilled on the same pads as deeper Marcellus wells, but only in PA; and 7 “deep Utica” exploratory wells. EQT also reworked a midstream deal with Williams in the Ohio Valley. Below are the exciting details of what’s ahead for EQT in 2017, including a second announcement from EQT Midstream about what’s ahead for the pipeline subsidiary, including details on how much they plan to spend on the Mountain Valley pipeline project in the coming year…
Extreme Plastics Plus (EPP) has been manufacturing and installing well pad liners since 2007. Pad liners protect the ground from accidental spills of frack wastewater and chemicals used during the drilling process. Located in Fairmont, WV, EPP’s customers are in the Marcellus and Utica Shale region. In order to expand, EPP raised an undisclosed amount of investment money from Hastings Equity Partners in 2013 (see 
Although shale drilling slowed over the past 18 months or so, you wouldn’t know it by the amount of tax revenue the industry contributes in West Virginia counties located in the northern area of the state. Wetzel County will collect an estimated $24 million in tax revenue from shale drillers in 2016. Marshall County will take in $14.9 million. Ohio County will get $9 million and Doddridge County around $8.1 million. Tally it all up across the entire state, and the Marcellus industry will pay more than $134 million in property taxes for 2016…
As we do each year, we take great pleasure and pride to let you know that Ben Franklin Shale Gas Innovation and Commercialization Center (SGICC) has launched yet another Shale Gas Innovation Contest. In fact, this is the 6th annual such contest. The Shale Gas Innovation Contest awards a $20,000 prize to three companies ($60,000 purse) for the “best shale energy-oriented innovations, new product ideas, or service concepts that are either in the development stage or recently launched.” Here’s the details on who your company can participate…
This post will not make anti-fossil fuel nutters happy. You know how antis have moaned and groaned at the prospect of allowing barges on the Ohio River to transport produced water–naturally-occurring salty water that comes out of the ground long after fracking operations are over. Antis complained so much that the Obama Administration politically prevented the Coast Guard from moving forward with a barging plan (see