OH Supremes “Clarify” Preservation of Royalty Interest Under OMTA
If a deed refers to a previously reserved royalty interest where the reference identifies the type of interest created and the person to whom the interest was granted (with no other details), is that sufficiently specific enough to preserve the royalty interest under the Ohio Marketable Title Act (OMTA)? According to a decision rendered last week by the Supreme Court of Ohio, the answer is, “Yes.” In a case with its roots dating back to 1915, landowners attempted to sever royalty interests under the Ohio Dormant Mineral Act, attempting to cancel the old interest because a 1969 deed that referred back to the original deal (of one-half royalty interest) was not “specific enough.” The 1969 reference didn’t include the volume and page number of the instrument that originally created the royalty interest. In other words, it wasn’t a “Simon Says” kind of thing–it didn’t follow the exact legal standard. The current landowner tried to cancel the original royalty sharing obligation via a legal loophole.
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Last week MDN told you about onerous new regulations being proposed by the Pennsylvania Dept. of Environmental Protection (DEP) to cut down on supposed methane and volatile organic compound (VOC) emissions coming from *existing* oil and gas wells and pipelines (see 
Last week MDN told you that Pennsylvania Gov. Tom Wolf, liberal Democrat, is seriously considering a bizarre cap-and-trade greenhouse gas emission reduction program to eliminate carbon emissions from major sources by 2052 (see 
In January Dominion Energy announced a deal to buy out and merge in South Carolina-based SCANA Corporation (see 
The “best of the rest”–stories that caught MDN’s eye that you may be interested in reading: New York City rated ‘judicial hellhole’ by major legal organization; Dominion Energy completes previously announced asset sales; Gulf petrochemical complex may have rival in Appalachia; Interior Secretary Zinke resigning, cites ‘vicious’ attacks; US shale becomes oil industry’s safe haven; Coming changes in marine fuel sulfur limits will affect global oil markets; Import of U.S. liquefied natural gas to Greece begins.
There’s nothing like some cold, hard facts to shock the public (in particular anti-fossil fuelers) back into reality. Mountain Valley Pipeline (MVP) provided just such a bucket of cold, hard facts yesterday by issuing an update on the project. Mainstream media (MSM) would have you believe that MVP, a 300-mile pipeline from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA, is on its last legs. About to be canceled for good. No hope of completing it. Yet, the facts say otherwise.
The U.S. Fourth Circuit (i.e. Circus) Court of Appeals has bungled another decision regarding the Atlantic Coast Pipeline (ACP). Yesterday the court vacated a permit issued by the U.S. Forest Service (USFS) that allows ACP to cross beneath the Appalachian Trail and 21 miles of national forest land in Virginia and West Virginia. You think we’re kidding when we refer to the judges of the Fourth Circuit as clowns? How else do you explain the judge quoting from The Lorax, a fictional children’s book written by Dr. Seuss, as part of the decision issued yesterday. The so-called decision is straight out of Alice in Wonderland. Bizarre. What’s next? Will we be treated to Youtube clips from the Captain Planet cartoon in future decisions? This faulty decision is already being appealed by Dominion Energy. It’s pretty easy to predict the decision will get overturned on appeal–by adult, non-clown judges in the next court up.
By a vote of 2-1, the Federal Energy Regulatory Commission (FERC) yesterday issued a final approval for Williams’ $85 million project called the Transco “Gateway Expansion Project,” which will flow an extra 65,000 dekatherms per day (65 million cubic feet) of natural gas to a couple of utility companies in New Jersey that have already signed on the dotted line as customers. The upgrades include a new compressor unit at Transco’s existing Compressor Station 303 in Essex County, NJ, a new valve and electric transformer also in Essex County, and equipment upgrades at a metering station in Passaic County, NJ. PSEG Power and UGI Energy Services have signed up to receive the extra gas–to be distributed to their customers in the region. Once again the two Democrat FERC commissioners, Cheryl LaFleur and Dick Glick, expressed overpowering, debilitating concern over how the project will “contribute” to mythical man-made global warming.
The Mariner East 1 pipeline sprung a small leak and spilled 20 barrels (~840 gallons) of ethane and propane in Berks County, near Philadelphia, on April 1 (see 
We told you that yesterday the Pennsylvania Dept. of Environmental Protection (DEP) was meeting to unveil proposed new regulations to cut down on so-called fugitive methane emissions from existing well pads and pipelines (see 
An analysis by Argus Media shows the number of new permits issued to drill in the Pennsylvania Marcellus Shale was down 42% in November 2018 over the same time a year ago. Drilling in Ohio’s Utica Shale was down 26% in November vs. a year ago. Yet one overpowering fact remains: Production in both states is UP over a year ago! How do you explain it? Each year drillers get better at what they do–they get more gas from drilling fewer wells. Longer laterals, more sand, improved fracking techniques–it all adds up to more production with less drilling. Our region is also still working down our DUC (drilled but uncompleted) wells inventory, which means less drilling. And winter cold has set in, early. Yeah, less drilling means fewer jobs and fewer opportunities to sell goods and services to drilling companies. But watch for the permit numbers to start going up again (our prediction). Why? Because with pipelines which recently went online and new pipes due to go online, the price our gas is fetching has dramatically increased–and that means the willingness of M-U drillers to drill new wells will increase too.
It’s about we fight back against radical, insane people like those at the Sierra Club and the Southern Environmental Law Center (SELC). They are so far outside of the mainstream, and they are such pathological liars, it’s time to take the gloves off and fight back. Dominion Energy is doing exactly that! Dominion released a statement yesterday that directly and strongly (with fighting language) refutes recent false statements (i.e. lies) made by the Sierra Club and SELC about Atlantic Coast Pipeline (ACP). We’re standing up and cheering!