Part 3 of 3 — What it means for stakeholders, and what comes next
This is Part 3 of a three-part series. Start with Part 1 and Part 2.
Data center demand is straining the electric grid faster than
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The jurisdictional collision over large loads and data center interconnection
Part 2 of 3 — The statutory divide and FERC’s PJM Co-Location Order
Part 1 described the surge in data center demand pushing very large electricity consumers onto the transmission grid, and the Department of Energy’s October 2025 direction ordering
The jurisdictional collision over large loads and data center interconnection
Part 1: The demand surge and the DOE’s Section 403 direction
Over the past six months, the Department of Energy (DOE) and the Federal Energy Regulatory Commission (FERC) have each taken major steps that challenge the 90-year-old boundary between federal
Ohio Court of Appeals determines due diligence to find heirs under Marketable Title Act and service by publication were sufficient to uphold default judgment
The Ohio Court of Appeals for the Seventh District recently affirmed the entry of default judgment on a Marketable Title Act claim in 4 Quarters, LLC v. Hunter, finding that the due diligence to locate heirs was sufficient and
Religious Freedom Restoration Act claims against FERC-regulated pipeline must be presented initially to FERC, regardless of damages sought
Relying on a 2018 decision from the United States Court of Appeals for the Third Circuit, a Pennsylvania district court reaffirmed that Religious Freedom Restoration Act (RFRA) claims against a Federal Energy Regulatory Commission (FERC)-regulated pipeline must be made initially
Plaintiff lessors bear burden of proof in royalty breach claim
In the Tennant v. Range Res. Appalachia decision issued on Sept. 21, 2021, Judge Hardy of the Western District of Pennsylvania determined that unless an oil and gas lease expressly shifted the burden to the defendant lessee, the plaintiff lessors
Ohio Dormant Mineral Act claim may waive attorney-client privilege
In the camp of be careful how you plead and intend to prove a claim, those asserting an Ohio Dormant Mineral Act (ODMA) claim should pay careful attention to their pleading so as not to waive the attorney-client or attorney
Does “other minerals” language in Ohio deeds include oil and gas? It depends.
Earlier this year, Ohio’s Court of Appeals for the Seventh District weighed in on the question of whether “other minerals” in a deed included oil and gas. The answer is, essentially, it depends.
“Stranger to the deed” not a defense to rights of first refusal in West Virginia
In a June 4, 2021, decision, the West Virginia Supreme Court of Appeals determined that the defense of “stranger to the deed” did not apply to invalidate rights of first refusal contained in deeds in West Virginia.