Utica Shale Archive

Different Decisions Delivered for 2 Pipelines Seeking Right-of-Way in Ohio

Oil and gas pipeline companies’ ability to use Ohio’s eminent domain laws to acquire construction rights-of-way were recently the subject to two Ohio court decisions with very different outcomes. In a highly publicized ruling, the Court of Common Pleas of Wood County, Ohio ruled in Kinder Morgan Utopia, LLC v. PDB Farms of Wood County, […]

Low Oil Prices + the Impact on Oil and Gas Law: What to Expect in 2016

As the global price of oil has continued to decrease, the oil and gas industry has experienced some significant collateral damage. In 2015, several big industry players, including Quicksilver Resources, American Eagle Energy, Sabine Oil & Gas, Hercules Offshore, Milagro and Saratoga Resources filed for Chapter 11 bankruptcy. Magnum Hunter Resources, Corp., one of Ohio’s […]

Ohio Legislature Considering Bill with Wide-Reaching Oil + Gas Lease Implications

On December 30, 2015, Senate Bill No. 257 was introduced before the Ohio General Assembly that would, if enacted, have a substantial effect on the determination of good title to interests in real property, including oil and gas interests. The bill, introduced by Senators Bill Seitz and Michael Skindell and co-sponsored by Senator John Eklund, would amend […]

An Oil and Gas lease IS a Title Transaction: the Ohio Supreme Court decides Chesapeake v. Buell

On November 5, 2015, the Ohio Supreme Court issued its opinion in the Chesapeake Exploration, L.L.C. v. Buell1 case. The Buell case arose before the court upon the request of the U.S. District Court for the Southern District of Ohio to certify two questions of Ohio law: (1) is the recorded lease of a severed […]

Oil + Gas Law for Beginners: Understanding the Mineral vs. Royalty Distinction

Instruments that convey oil and gas interests can be difficult to interpret. Frequently, industry terms of art are used interchangeably, and the intent of the drafters is difficult to determine, particularly with very old instruments. One common source of confusion is the language used to convey or reserve mineral and royalty interests. A “mineral interest” […]