The Ohio General Assembly has recently introduced their attempt to allow carbon capture and sequestration (hereinafter “CCS”) as a widespread means of reducing carbon emissions within the State. The proposed act (hereinafter...more
Two companion cases from the Fourth District Court of Appeals — Wilson Energy and Bethel Oil & Gas — are currently on appeal at the Ohio Supreme Court. Both cases involve similar facts and require the resolution of the same...more
4/2/2025
/ Appeals ,
Contamination ,
Energy Sector ,
Environmental Litigation ,
Hazardous Substances ,
Litigation Strategies ,
Motion to Dismiss ,
OH Supreme Court ,
Oil & Gas ,
Pleading Standards ,
State and Local Government
Within the Ohio Dormant Mineral Act (hereinafter, “DMA”), there is often a question of the diligence a surface owner should employ when seeking the mineral owner to declare the mineral interest abandoned. The oft-cited case...more
As oil and natural gas are produced, brine and other wastewater are brought to the surface. This waste is then disposed of by Class II injection wells, categorized into three subclasses: saltwater disposal wells, enhanced...more
On June 11, 2024, the Federal Energy Regulatory Commission (“FERC”) authorized the Mountain Valley Pipeline (“MVP”) to begin its operations. MVP is a 303-mile-long pipeline that will have the capacity to transport 2 billion...more
The Inflation Reduction Act (“IRA”) gave the federal government new authority to “tackle” the problem of methane emissions. On May 6, 2024, the United States Environmental Protection Agency (“EPA”) issued final revisions to...more
In August 2016, AWMS Water Solutions, L.L.C., AWMS Holdings L.L.C., and AWMS Rt. 169, L.L.C. (collectively, “Appellants”) filed their original writ of mandamus to commence property-appropriation proceedings since, in their...more
The Fluid Mineral Leases and Leasing Process rule (FMLLP), which was announced by the Bureau of Land Management (BLM) on April 12, 2024, represents a significant update to the Federal onshore oil and gas leasing framework....more
I. Background In the case of Kirkbride v. Antero Res. Corp., the Sixth Circuit Court of Appeals is faced with a novel argument on the interpretation of a condition precedent within an oil and gas lease. The case comes to the...more
The Ohio Seventh District Court of Appeals recently came down on (yet another) dispute between fixed fractional and floating royalty reservations. The case of Min. Dev. Inc. v. SWN Prod. (OHIO), LLC, et al., overturned a...more
A Master Services Agreement (“MSA”) is a contract that outlines the terms and conditions under which a company agrees to provide services, goods, and/or equipment to a client. It serves as a foundational document that...more
The Franklin County Court of Common Pleas (Franklin County, Ohio) is set to determine whether Ohio lawmakers violated the Ohio Constitution through the amendments made to R.C. 155.33 via House Bill 507 (“HB 507”), which...more
Many contracts in the energy sector contain arbitrations clauses – some are mandatory, while others are optional. In recent years, arbitration has become a mainstay in resolving energy disputes, particularly because of the...more
Arbitration clauses are gaining prominence in energy contracts due to evolving industry issues and complexities. Explore some pros and cons to help make informed contract decisions for your business in this Oliva Gibbs case...more
In addition to the risk of regulatory enforcement actions and penalties, the court system continues to be used as a battleground for climate issues through litigation against oil and gas (“O&G”) companies....more
10/4/2023
/ Climate Action Plan ,
Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Misleading Statements ,
Oil & Gas ,
Petrochemicals ,
Pollution Control ,
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