U.S. Supreme Court Rejects Appeal of WV EQT Royalty Case
The United States Supreme Court has refused to hear an appeal of an important West Virginia case, which means the current ruling stands that allows EQT and other drillers to deduct “reasonable” post-production expenses from landowner royalty checks. It is a victory for drillers and a blow to some landowners. How did we get here? A brief history: Last December MDN reported on the huge WV Supreme Court decision against EQT that disallows EQT from deducting post-production expenses from royalty checks, even with signed contracts in place (see WV Supreme Court Rules EQT Can’t Deduct P-P Costs from Royalties). In February this year, with a brand new justice on the bench, the WV Supreme Court agreed to rehear the case after an appeal filed by EQT–a rare and unusual step (see EQT Catches Big Break in WV Supreme Court re Royalty Deductions). In May the WV Supreme Court ruled on the reheard case, overturning its previous decision from last December. The court ruled to allow EQT to deduct “reasonable” post-production expenses (see WV Supreme Court Reverses Itself, Post-Production Deductions OK). Those who won the original case (and lost the reheard case) say newly elected Supreme Court Justice Elizabeth Walker had conflicts of interest and should not have been allowed to vote to rehear the case in the first place (which she did). On that basis, they tried to avoid the rehearing altogether, but that failed. Newly elected Justice Walker, with (according to the losing side) conflicts of interest, voted in favor of EQT. On the basis that Walker should not have been part of the process at all, the case was appealed to the U.S. Supreme Court in September (see Lawyers ask US Supreme Court to Hear WV EQT Royalty Case). On Monday, with no explanation, the Supremes denied the request for an appeal…
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Each year (for the 11th year running) the Canadian-based Fraser Institute surveys petroleum industry executives and managers (333 of them for 2017) asking them their opinions on the barriers to investing in exploration and production in various geographies across the globe. That is, what makes them more likely or less likely to spend money drilling in a particular location? The Global Petroleum Survey (full copy below), tallies the survey responses and ranks each geography from most desirable place to invest, to least desirable. The rankings for this year are interesting and illustrative that politicians’ words and regulatory environment have a direct bearing on where, and how much, drilling companies are willing to spend. No money spent, no drilling. The barriers to spending in a given geography include: high tax rates, costly regulatory schemes, uncertainty over environmental regulations and the interpretation and administration of regulations governing the petroleum industry, and security threats. Only one state in the Marcellus/Utica ranked in the Top 10 “most attractive” jurisdictions for oil and gas investment–West Virginia…
The Federal Energy Regulatory Commission (FERC) on Friday granted final approval for Columbia’s WB Xpress pipeline project. In Jan. 2016, Columbia Pipeline Group (now owned by TransCanada) filed a full, official application with FERC for the $850 million WB XPress Project (see 
In March, the West Virginia Dept. of Environmental Protection (WVDEP) issued a federal water crossing permit for the Mountain Valley Pipeline (MVP)–a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA (see 
Last week’s big news that China committed to invest $83.7 billion in shale and petrochemical projects in West Virginia continues to reverberate (see 
In May 2016, MDN brought you the news that a researcher at West Virginia University (WVU) believes a natural gas liquids (NGL) storage hub is what the Marcellus/Utica region really needs (see 
By our reckoning, Antero Resources’ $275 million wastewater recycling facility in Doddridge County, WV is either already operational, or will be within the next few days (sometime this week). In 2015 Antero hired Veolia Water Technologies Inc. to build a new shale wastewater recycling facility in Doddridge County (see 
We’re still reeling after yesterday’s announcement that China has agreed to invest $83.7 billion in the State of West Virginia–largely in shale and shale-related petrochemical projects (see 
The early bird catches the worm. Not even a day had gone by when Patrick Ford, the executive director of the Weirton-based Business Development Corp. of the Northern Panhandle, piped up and signaled China that Weirton would be a great place to locate an ethane cracker plant. Ford said Weirton sits roughly halfway between Shell’s cracker plant under construction, and a planned cracker plant by PTT Global in Belmont County, OH. Weirton was considered for both of those projects but apparently there was an issue getting enough contiguous acreage for a large-scale project like a cracker. However, Ford says those issues are now resolved and Weirton is open for cracker business. Ford told a reporter, “We want to see a third ethane cracker in this region — and it should be in Brooke or Hancock County” (note that Weirton straddles both). We like Weirton’s plucky opportunism. Businesses and projects in WV should not sit on their hands. Get that Chinese money and get it quick, before it disappears into someone else’s pocket!…
The “Art of the Deal” is still alive and well for Donald Trump. Trump along with an entourage of various state officials are currently on a trade mission in Asia. This morning (our time) a flurry of announcements were issued about Trump (and others) convincing China to invest $250 billion (a staggering number!) in various projects in the U.S. A whopping $83.7 billion of that (a full third!!) will be invested in one state–West Virginia. And the WV investment, according to the announcement, will be in “shale gas and chemical manufacturing projects.” The investment will come over the next 20 years, so yes, we’ll believe it when we see it. However, we cannot overstate how big and how good this news is for our friends in the Mountain State. While no specific projects are mentioned, we get this enticing tidbit from the announcement: “The projects will focus on power generation, chemical manufacturing, and underground storage of natural gas liquids and derivatives.” Sounds to us like we now know where the $10 billion NGL storage facility will be located (see 
The International (non-U.S.) Baker Hughes rig count for October 2017 was 951, up 20 from the 931 counted in September 2017, and up 31 from the 920 counted in October 2016. The U.S. rig count for October 2017 was 922, down 18 from the 940 counted in September 2017, but up 378 from the 544 counted in October 2016. Notice that we have almost as many rigs operating in the U.S. as the entire rest of the world (minus Canada). Canada’s rig count has improved a lot since earlier this year. However, Canada’s October rig count drooped a bit–204 in October (down 4 from September) but up 48 from October 2016. What about rig counts in the Marcellus/Utica? Pennsylvania lost one rig and ran an average of 32 rigs during October, versus Ohio running 29 rigs and West Virginia running 15 rigs, the same as September…
We have to confess this story is purely for amusement purposes–ours and yours. In our daily trawl of the news related to “Marcellus Shale” we spotted this headline: “Group hopes to add tiny houses to Wheeling Island.” We thought, What in the world do tiny houses on Wheeling Island (Wheeling, WV) have to do with the Marcellus? So we read the article to find out. Anyone watching HGTV has, at one point or another, watched a program about “tiny houses.” There’s even an HGTV show called Tiny House Hunters. “Tiny houses” are actual stick-built homes that are under 500 square feet of living space. Think really-small efficiency apartment. Except it’s a real house–sort of. The average American home is 1,780 square feet of living space. (If you’re not familiar with the tiny house movement, 
In August MDN told you the West Virginia Oil & Natural Gas Association (WVONGA) plans to push, once again, for what MDN calls forced pooling lite in the next session of the legislature scheduled for early 2018 (see 
Hold on or you might get whiplash. In March, the West Virginia Dept. of Environmental Protection (WVDEP) issued a federal water crossing permit for the Mountain Valley Pipeline (MVP)–a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA (see 