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 Jul 17-23 in the Marcellus/Utica saw a nice increase. There were 31 new permits issued last week, up from the 23 issued the previous week. Last week’s permit tally included 13 new permits in Pennsylvania, 8 new permits in Ohio, and 10 new permits in West Virginia. The top permittee for the week was Coterra Energy, receiving 8 permits in Susquehanna County, PA. Coming in at a close second was Antero Resources, with 6 permits in Ritchie County, WV.
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 of well valuations not only for Antero but other drillers led to a reworking of how the state law values shale wells (see 
In December a jury in Ritchie County, WV awarded the county’s Economic Development Authority (EDA) nearly $1 million in damages in a trespassing case. The case is complicated, but at its heart is the issue of a Marcellus-focused company, Ronald Lane Inc., and land Lane deeded to the local EDA. A lawsuit against Lane alleged the company leased the deeded land for “oil and gas purposes” (to Columbia Gas as a heavy equipment storage facility) and that Lane never told the EDA about the lease nor shared the profits received from that lease.
Four weeks ago the total number of permits issued in the Marcellus/Utica was 22. Three weeks ago it fell to 9. Two weeks ago the numbers picked up somewhat, with 16 new permits. Last week? There was a combined 20 new shale permits. However, the usual order of things with Pennsylvania dominating the new permit numbers was turned upside down. Last week PA only had 2 new permits (can’t remember the number being that low for months, if ever). OH issued a whopping 11 new permits, and WV issued 7 new permits.
In early 2019, EQT, the largest natural gas producer in the U.S. (and in the Marcellus/Utica) settled a class action lawsuit in West Virginia with landowners and rights owners ending EQT’s practice of post-production deductions from royalty checks (see 
Peregrine Energy Partners, headquartered in Dallas, Texas, continues a program to buy royalty rights in the Marcellus/Utica. In January 2019 we told you about Peregrine’s purchase of rights from undisclosed sellers in southwest PA (see 
EQT announced yesterday it has closed on a deal to sell “certain non-strategic assets” to Diversified Gas & Oil (DGO) for $125 million, plus another potential $20 million later on. MDN first told you about this deal on May 13 (see 
It’s this kind of story that makes our blood boil–we won’t lie. EQT tried to shaft an elderly couple in Ritchie County, West Virginia out of royalty money by slipping in not only post-production deductions never agreed to in the contract, but also by slipping in a deduction for WV severance taxes owed by EQT itself. Maddening!