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HTMLOhio Supreme Court Issues Long-Awaited Decision on Dormant Mineral Act
Christopher William Capcara; McDonald Hopkins LLC;
Legal Alert/Article
November 24, 2016, previously published on October 7, 2016
The Ohio Supreme Court finally issued its decision on whether the 1989 version of the Dormant Mineral Act (“DMA”) was self-executing. Interpreting the 1989 DMA as narrowly as possible, the Court held that the 1989 DMA was not self-executing and required a surface owner to bring a quiet...

 

HTMLNatural Gas Breaks Through $3
Michael W. Wise; McDonald Hopkins LLC;
Legal Alert/Article
November 24, 2016, previously published on September 26, 2016
As the summer comes to a close, Natural Gas Prices have broken through the $3.00/mcf price barrier. This clip from investing.com tracks the price developments.

 

HTMLBig Ohio Shale Shout Out
Michael W. Wise; McDonald Hopkins LLC;
Legal Alert/Article
November 24, 2016, previously published on September 23, 2016
With Trump at a Shale Conference in Pittsburgh this week, the first debate coming up next Monday, and the election just over a month away, national energy policy looks to be front and center for the candidates. Ohio’s prestigious Ohio Business Roundtable weighed in on the debate this week by...

 

HTMLUtica Success
Jeffrey R. Huntsberger; McDonald Hopkins LLC;
Legal Alert/Article
November 24, 2016, previously published on November 18, 2016
For several years, the Marcellus Shale play has dominated discussions about natural gas production in the Appalachian Basin. The neighboring Utica play, while significant, often stood in the shadow of the Marcellus and garnered far less attention from the national press. Its promise of natural gas...

 

HTMLUnanswered Questions Following Ohio Supreme Court DMA Decision
Christopher William Capcara; McDonald Hopkins LLC;
Legal Alert/Article
November 24, 2016, previously published on October 10, 2016
The Supreme Court recently decided that the 1989 Dormant Mineral Act was not self-executing. Supporters of Justice Pfeifer’s dissent argue that the majority judicially modified the 1989 DMA in an attempt to avoid taking the minerals from the holders. The impact of this decision may take...

 

HTMLMore Natural Gas Pricing Trends
Michael W. Wise; McDonald Hopkins LLC;
Legal Alert/Article
November 24, 2016, previously published on October 14, 2016
A recent article in The Wall Street Journal reported that prices had retreated from yearly highs to $3.31 a mcf. The Journal stated that:

 

HTMLJustice Pfeifer Lets His "Fillings" Be Heard
Christopher William Capcara; McDonald Hopkins LLC;
Legal Alert/Article
November 24, 2016, previously published on October 31, 2016
Last month, in three written decisions, the Ohio Supreme Court held that the 1989 Dormant Mineral Act was not self-executing. In one of those three decisions, Albanese v. Batman (Slip Opinion No. 2016-Ohio-5814), the court affirmed that mineral rights cannot be deemed abandoned under the 2006...

 

HTMLMine Safety Agency Issues Electrical Safety Alert
Carla J. Gunnin; Jackson Lewis P.C.;
Legal Alert/Article
November 21, 2016, previously published on November 16, 2016
The Mine Safety and Health Administration has issued an electrical safety alert after several miners were injured in underground coalmine accidents.

 

HTMLHigher Penalties, Greater Transparency: PHMSA Increases Civil Penalties and Commits to Providing Detailed Calculations in Individual Cases
Babst Calland;
Legal Alert/Article
November 17, 2016, previously published on October 24, 2016
On October 17, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a General Policy Statement on Civil Penalties (Policy Statement) in the Federal Register. Representing the most recent step in the evolution of PHMSA’s enforcement process, the Policy Statement is...

 

HTMLEPA Expands Its Oversight of Oil and Gas Operations
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
October 20, 2016, previously published on October 2016
EPA directly regulates many aspects of oil and gas activity. Mainly, its regulatory authority relates to air emissions from a multitude of sources and equipment from drilling operations to refinery operations. In addition to the major new rules it has issued over the last several years, EPA is now...

 


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