News & Posts
CASE LAW UPDATE - Dormant Mineral Act
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.
UPDATED - Ohio Marketable Title Act – Supreme Court of Ohio and 7th Appellate District Case Law Recap
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.
Sharing of Post-Production Costs is the Default in PA
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.
Pennsylvania Oil & Gas Lease Cancellations – CASE TRACKER SERIES (Part 2)
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.
Ohio Marketable Title Act & Dormant Mineral Act – CASE LAW UPDATE
The Ohio Supreme Court’s recent Opinion in West v. Bode stands to significantly impact the relationships between surface and mineral owners for the foreseeable future, making it easier for surface owners to claim severed mineral interests as their own.
Oil & Gas Lease Consent to Assign Provisions
Are you a party to an oil and gas lease with an unenforceable consent to assign provision?
A discussion of recent Texas case law that may dictate how consent to assign provisions are drafted in the oil and gas industry for the foreseeable future.
Pennsylvania Oil & Gas Lease Cancellations – CASE TRACKER SERIES (Part 1)
This current case before the Pennsylvania Supreme Court could result in an easier method of 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.
Nonjudicial Foreclosures Under Joint Operating Agreements
How can you guard against nonpaying parties in your Joint Operating Agreement?
A discussion of the general process for nonjudicial foreclosure of the interests of parties in Joint Operating Agreements who fail to pay their share of production costs.
Ohio’s Increasing Saltwater Disposal Costs – LEGISLATIVE UPDATE
Proposed changes to Ohio’s regulations on oil and gas saltwater injection/disposal wells will increase costs for Ohio’s oil and gas operators. Here is what you need to know about S.B. 336, which was introduced this summer.
Email Contract Formation
Are emails enforceable contracts?
A timely discussion of transacting business via email in light of recent case law handed down by the Supreme Court of Texas.
Ohio Deed Restrictions – CASE LAW UPDATE
Could your deed void your oil and gas lease?
Ohio’s Seventh District Court of Appeals’ recent Opinion in Ohio Pub. Works Comm. v. Village of Barnesville, highlights the repercussions for those who violate their deed restrictions.
Oil & Gas Lease Consideration
Can an Oil & Gas Lease be void for lack of consideration in Texas?
If a landowning lessor never receives their bonus payment for their lease, may they seek a new lease with a different lessee who will pay up?