The Ohio Supreme Court heard consolidated oral arguments last month in the cases of Fonzi v. Brown, Case No. 2020-0773, and Fonzi v. Miller, Case No. 2020-0861, both Declaratory Judgment and Quiet Title actions involving the application of the Ohio Dormant Mineral Act to a severed oil and gas royalty interest.

While West v. Bode, 2020-Ohio-5473, provided a definitive answer that the Marketable Title Act does in fact apply to severed mineral interests, it’s important to recall the several recent cases from the Ohio Supreme Court and Seventh Appellate District addressing the application of various sections of the Marketable Title Act with regard to severed mineral interests.

There continues to be a great deal of confusion in Pennsylvania surrounding what constitutes a post-production cost and who should properly bear those costs. This post discusses the precedent that led to how post-production costs are determined in Pennsylvania, as well as what can complicate that determination.

This is the second part of our three-part Case Tracer Series, covering this current case before the Pennsylvania Supreme Court, which could result in easier cancellation of abandoned oil and gas leases in the state, and could potentially harm smaller oil and gas producers presently struggling to stay solvent in the midst of the COVID-19 pandemic.