In a six-to-one decision, the Pennsylvania Supreme Court reversed the lower courts and held that a decision finding an oil and gas lease to be abandoned pursuant to the equitable doctrine of abandonment was improper where the lease provided remedies
Energy Law Report
Reporting on recent legal developments and trends in the energy industry
Energy Law Report, published by Porter Wright Morris & Arthur LLP, covers legal developments and case law related to energy and natural resources. The blog addresses issues such as oil and gas leasing, royalty disputes, mineral rights, pipeline regulation, and statutory claims under acts like the Ohio Dormant Mineral Act and Marketable Title Act. It also discusses procedural matters including burden of proof in contract claims, service of process, and privilege waivers in energy litigation. The blog provides analysis of court decisions impacting energy law practice, including regulatory interactions with agencies like the Federal Energy Regulatory Commission (FERC) and statutory interpretation of mineral conveyances and rights.
Latest from Energy Law Report - Page 2
Court holds recording of deeds starts statute of limitations running
Recently, the United States District Court for the Western District of Pennsylvania relied on the statute of limitations to dismiss claims related to allegedly improper transactions involving real estate. Although the statute of limitations is an affirmative defense, it can…
Pennsylvania’s UTPCPL does not apply to acquiring oil and gas leases from property owner
In a decision issued March 24, 2021, all seven of Pennsylvania’s Supreme Court justices agreed (in a split decision) that Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL) can be enforced only against sellers. In so concluding, the six-justice…
Texas power outages threaten mass litigation: Should potential defendants be shaking in their cowboy boots?
Winter Storm Uri left millions in Texas without electricity and water in mid-February 2021, opening up threats of mass litigation. Texans seek to hold the state’s primary grid operator, Electric Reliability Council of Texas (ERCOT) and electricity retailers liable. Among…
Ohio Supreme Court wraps up 2020 by repeatedly reminding state agencies to stay in their statutory lanes
Recent decisions issued by the Ohio Supreme Court have provided reminders that there are meaningful limits to the jurisdiction and powers of the Public Utilities Commission of Ohio (PUCO) and other state agencies. Those challenging the final orders and decisions…
From the editors: New name and expanded focus
Porter Wright has provided advice and industry insight to our energy clients and to the broader community for decades. In order to accurately reflect the scope of our experience and capabilities, and to continue to provide the latest energy-related updates…
Ohio Supreme Court holds that the Marketable Title Act and the Dormant Mineral Act both apply to severed oil and gas interests
The Ohio Supreme Court has finally put to rest a long-standing debate about whether Ohio’s Marketable Title Act (MTA), Dormant Mineral Act (DMA), or both, may be applied to reunite severed mineral interests with the overlying surface estate. In a…
Supreme Court of Ohio to decide three cases regarding subsurface rights
Ohio landowners and holders of mineral interests should soon receive clarification regarding certain mineral rights. On Sept. 1, 2020, the Supreme Court of Ohio accepted Fonzi v. Brown for review, a case involving the Ohio Dormant Mineral Act (ODMA). Fonzi…
Supreme Court of Ohio tolls civil deadlines during COVID-19 emergency period
In response to the COVID-19 pandemic, Ohio’s legislative, executive, and judicial branches are working together to clarify requirements for civil litigants and alleviate mounting pressure on Ohio’s courts. My colleague Sean Klammer explains in this Porter Wright Law Alert.
New Ohio regulations reduce minimum spacing requirements for horizontal oil and gas wells
The Ohio Department of Natural Resources – Division of Oil & Gas Resources Management (DOGRM) recently revised its rules governing spacing of horizontal oil and gas production wells. The new rules, which became effective on Oct. 10, 2019, will bring…