Another Look at Recent Rulings by WV Supremes re Royalty Deductions
The West Virginia Supreme Court recently issued two 3-2 decisions reinforcing that oil and gas producers generally cannot deduct post-production costs from royalty payments to mineral owners unless lease agreements explicitly permit such deductions. We previously reported on both decisions. On June 6, the Supremes ruled in Kaess v. BB Land LLC on “in-kind” royalty leases (see WV Supremes Rule on “In-Kind” Royalties & Post-Production Deductions). On June 11, the court ruled in Romeo v. Antero Resources Corporation on whether the “marketable product rule” applies up to the “point of sale” for gas and NGLs (see WV Supreme Court Grants Landowners Second Major Win in a Week). This post considers the rulings from both cases (which are related) and how those two rulings affect landowners and drillers in the Mountain State. Read More “Another Look at Recent Rulings by WV Supremes re Royalty Deductions”
Last week, for the eighth week in a row, the Baker Hughes U.S. rig count dropped, down by one rig to its lowest level since November 2021. This is the first time we’ve seen a slide in the count for eight weeks (or more) since September 2023. The national rig count continues in free fall, although perhaps the rate of descent is slowing. The Marcellus/Utica count remained the same last week, at a combined 36 active rigs. The Pennsylvania Marcellus operated 18 rigs. The Ohio Utica operated 11 rigs. And West Virginia operated seven rigs. 
It’s not often this happens. Last week, for the week of Jun 9 – 15, only Pennsylvania issued new permits to drill shale wells. Neither Ohio nor West Virginia issued any new shale permits. Bummer. PA issued 18 new permits last week. Eight of the permits went to Pennsylvania General Energy for a single pad in Lycoming County. Another six permits went to Range Resources for a single pad, also in Lycoming County. Ergo, 14 of the 18 permits were issued in Lycoming County. 
A situation that’s been playing out for nearly two years is just now becoming public. In late 2023, a welding inspector working on the 303-mile Mountain Valley Pipeline (MVP) said he had discovered three sections of the pipeline were corroded and violated construction standards and federal guidelines. He reported it to his superiors at MVP, who allegedly ignored his objections. So he filed a report with the federal Pipeline and Hazardous Materials Safety Administration (PHMSA). The pipeline sections got replaced, and the inspector got fired. In April of this year, the inspector filed a lawsuit against MVP (and Equitrans Midstream, and EQT) for wrongful termination. 
In October of last year, MDN told you that both EQT Corporation and Tenaska are “dipping their toes” in the carbon capture and sequestration (CCS) space (see 
The Federal Energy Regulatory Commission (FERC), the North American Electric Reliability Corporation (NERC), and its Regional Entities recently issued a report reviewing how the country’s Bulk-Power System performed well during successive cold weather events in January 2025. The report found that the system was a stellar performer, with no significant issues in either the natural gas or electric systems. The 303-mile Mountain Valley Pipeline (MVP) was called out for its “crucial role” in helping to keep the lights on throughout the Atlantic Coast region during the coldest parts of winter. 
The Southwest Appalachia drilling team for Expand Energy, the newly combined company created when Chesapeake Energy merged with Southwestern Energy, claims it has drilled the U.S.’s longest on-shore well and longest on-shore lateral to date at more than five miles. The BW Edge MSH 210H was recently drilled in Marshall County, West Virginia. We say the team “claims” to have drilled the longest lateral because in March, Hart Energy reported a similar claim by Expand to have drilled an even longer lateral in Ohio County, WV (see