The Ohio Supreme Court recently settled an open question under Ohio’s Marketable Title Act (MTA), determining that a reference to the type of interest created and to whom it was granted is all that is necessary under the MTA to
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 3
State Legislature exempts oil and gas landmen from real estate license requirements
By Ryan Steele
On Dec.19, 2018, Gov. John Kasich signed SB 263 into law, which amends ORC 4735 to exempt oil and gas land professionals (landmen) from the licensure requirements imposed on real estate agents and brokers. The revisions to sections 4735.01 and…
New Ohio tax law clarifies and expands sales and use tax exemptions for the oil and gas industry
Many thanks to Kevin Scott for his assistance in preparing this post.
On June 14, 2018, Governor Kasich signed into law H.B. 430 which will go into effect in September of 2018. The bill clarifies the language covering sales and…
West Virginia joins majority view on oil and gas leasing with new cotenancy statute
On March 5, 2018, the West Virginia Legislature passed new legislation known as the Cotenancy Modernization and Majority Protection Act, W. Va. Code § 37B-1-1 et seq. (Cotenancy Statute). This new Cotenancy Statute, which became effective June 3, 2018, is…
Ohio Supreme Court rejects implied covenant to explore further
The Ohio Supreme Court’s latest oil and gas decision is good news for the industry. On Jan. 3, 2018, the Court decided Alford v. Collins-McGregor Operating Co., Slip Opinion No. 2018-Ohio-8, which held that under Ohio law, “there is…
Federal district court finds that Ohio allows deduction of post-production costs from royalty payments required to be calculated “at the well”
Last week the Ohio Northern District Court, Eastern Division issued a decision in Lutz v. Chesapeake Appalachia, LLC, N.D. Ohio No. 4:09-cv-2256, 2017 U.S. Dist. LEXIS 176898 (Oct. 25, 2017), which involved a dispute about whether Ohio follows the…
Ohio Supreme Court to hear appeal on expansion of implied covenants to encompass deep rights
By Ryan Steele
On March 15th, 2017, the Ohio Supreme Court accepted a discretionary appeal in Alford v. Collins-McGregor Operating Company, Washington App. No. 16CA9, 2016-Ohio-5082. The Alford appeal arises from the Washington County Court of Appeals, Ohio’s 4th Appellate District. In Alford,…
Ohio appeals court requires landmen to be licensed as real estate brokers to negotiate oil and gas leases
By Ryan Steele
On Feb. 17, 2017, the 7th District Court of Appeals upheld a Mahoning County Court of Common Pleas decision that ruled landmen must be licensed as real estate brokers to be compensated for negotiating oil and gas leases.
In Dundics v.…
Ohio Supreme Court issues decision regarding post-production costs
This morning the Ohio Supreme Court issued a decision in Lutz, which arose when the federal Northern District Court of Ohio, Eastern Division, certified the following question of law to the Ohio Supreme Court: Does Ohio follow the “at the…
Ohio Supreme Court issues key decisions on pending Dormant Mineral Act cases
This week, the Ohio Supreme Court issued key decisions on its pending Dormant Mineral Act (DMA) cases. The Supreme Court Announcement itemized the various decisions released this morning, which were further detailed in Court News Ohio . Only three cases…