Currents - Energy Industry Insights - March 2019 #2

Spilman Thomas & Battle, PLLC

West Virginia Supreme Court Hears Oral Arguments in EQT Doddridge County Trespassing Case -

"The state Supreme Court will decide if a lower court judge got it right when he ruled natural gas production company EQT trespassed on property in Doddridge County where it owned the mineral rights."

Why this is important: The Crowder v. EQT case concerns a legal concept fundamental to the oil and gas industry: the right of a mineral interest owner to use the surface in a reasonable manner to develop the mineral estate. Plaintiff Crowder argues the right to use the surface is limited to developing minerals beneath the surface tract and, without an express agreement with the surface owner, a mineral interest owner cannot use the surface to develop minerals under adjacent tracts. Defendant EQT argues a mineral interest owner may use a surface tract to develop minerals under adjacent tracts provided such surface use is reasonably necessary....

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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