Justia Energy, Oil & Gas Law Opinion SummariesArticles Posted in Supreme Court of Appeals of West Virginia
Northeast Natural Energy LLC v. Pachira Energy LLC
The Supreme Court affirmed the decision of the circuit court granting a preliminary injunction, holding that the court did not err when it found Plaintiff had a likelihood of succeeding on the merits of its claims and was likely to suffer irreparable harm in the absence of action by the court. Pachira Energy LLC entered into an agreement with Northeast Natural Energy LLC establishing the Blacksville Area of Mutual Interest (Blacksville AMI) and setting forth guidelines for exploiting oil and gas leases and other mineral interests. Pachira later filed a complaint against Northeast Natural Energy LLC alleging that Northeast was breaching various agreements and was abusing its power to benefit itself, to the detriment of Pachira. Among other requests for relief, Pachira sought a permanent injunction stop Northeast's use of a jointly-owned water system within the Blacksville AMI to support Northeast's drilling operations outside the Blacksville AMI and to sell water to third parties outside the Blacksville AMI. The circuit court granted Pachira's motion for a preliminary injunction. The Supreme Court affirmed, holding that it was fair for the circuit court to preserve the status quo until the parties' resolve the merits of their dispute and that there was no error in the preliminary injunction order. View "Northeast Natural Energy LLC v. Pachira Energy LLC" on Justia Law
U.S. Exploration, LLC v. Griffin Producing Co.
In a dispute over ownership of certain oil and gas leases and royalty interests the Supreme Court affirmed the judgment of the circuit court granting partial summary judgment for Plaintiff and concluded that an unrecorded assignment of leasehold interests to Defendant did not defeat a subsequent modification and surrender of those same interests to Plaintiff, holding that the circuit court did not err. Specifically, the circuit court concluded that an unrecorded assignment of leasehold interests to Defendant U.S. Exploration, LLC did not defeat a subsequent modification and surrender of those same interests to Plaintiff Griffin Producing Company. The Supreme Court affirmed, holding that the circuit court did not err in concluding that the assignment and surrender from Magnum Oil Corporation to Griffin Producing Company “were valid documents that transferred title in the subject overriding royalty interests and surrendered the subject leasehold estates as of the time of their recording.” View "U.S. Exploration, LLC v. Griffin Producing Co." on Justia Law
Andrews v. Antero Resources Corp.
In this ongoing Marcellus shale litigation arising that arose from claims asserted by Plaintiffs - surface owners of several tracts of land - the Supreme Court affirmed the order of the Mass Litigation Panel (MLP) granting summary judgment in favor of Defendants - the leaseholder of the gas and oil estates and the company who was conducting the drilling - holding that there were no genuine issues of material fact precluding summary judgment. Plaintiffs alleged that their use and enjoyment of their land was being improperly and substantially burdened by horizontal wells being used to develop the Marcellus shale underlying their properties even where the wells were not physically located on Plaintiffs' properties. In granting summary judgment for Defendants the MLP concluded that the effects on the surface owners resulting from the horizontal drilling were within the implied rights to use the surface granted by virtue of the relevant severance deeds and did not impose a substantial burden on the surface owners. The Supreme Court affirmed, holding that Plaintiffs failed to establish the existence of a genuine issue of material fact as to whether the effects on their surface estates were reasonably necessary to develop the mineral estate or whether they were being substantially burdened by Defendants' activities. View "Andrews v. Antero Resources Corp." on Justia Law
Steager v. Consol Energy, Inc.
In these consolidated appeals from the business court's orders reversing various Boards of Assessment Appeals and rejecting the West Virginia State Tax Department's valuation of Respondents' gas wells for ad valorem tax purposes the Supreme Court affirmed in part and reversed in part the business court's judgment, holding that the business court erred in two respects. Specifically, the Court held that the business court (1) did not err in concluding that the Tax Department violated the applicable regulations by improperly imposing a cap on Respondents' operating expense deductions; (2) erred in rejecting the Tax Department's interpretation of the applicable regulations concerning the inclusion of post-production expenses in the calculation of the annual industry average operating expenses; and (3) erred in crafting relief permitting an unlimited percentage deduction for operating expenses in lieu of a monetary average. View "Steager v. Consol Energy, Inc." on Justia Law
EQT Production Co. v. Crowder
The Supreme Court affirmed the circuit court's order granting partial summary judgment, finding that Defendant trespassed on Plaintiffs' surface lands to the extent it was drilling for and removing minerals from neighboring properties and awarding Plaintiffs $190,000 in damages, holding that the partial summary judgment order and judgment order were supported by the record. The circuit court found that Defendant trespassed to the extent it used Plaintiffs' surface tracts to conduct operations under neighboring mineral estates. The Supreme Court affirmed, holding (1) a mineral owner or lessee does not have the right to use the surface to benefit mining or drilling operations on other lands in the absence of an express agreement with the surface owner permitting those operations; and (2) the circuit court correctly found that Defendant trespassed on Plaintiffs' surface lands to the extent it used those lands to extract minerals from neighboring properties. View "EQT Production Co. v. Crowder" on Justia Law
Murray Energy Corp. v. Steager
The Supreme Court affirmed the order of the circuit court affirming the determination of the Board of Equalization and Review that Petitioners Murray Energy Corporation and Consolidation Coal Company's coal interests were properly valued and assessed by Defendants, holding that the circuit court properly concluded that the method of valuing coal properties violated neither the statutory requirement of assessment at "true and actual value" nor the constitutional equality requirements of the West Virginia Constitution and the equal protection provisions of the United States and West Virginia Constitutions. Specifically, the Court held (1) the methodology of valuing Petitioners' coal properties for ad valorem tax valuation purposes, as set forth in West Virginia Code of State Rules 110-1I-1 et seq., does not violate the requirement set forth in W. Va. Code 11-6K-1(a) that natural resources property be assessed based upon its "true and actual value"; and (2) the valuation methodology contained in the Code of State Rules does not violate the equality provision of W. Va. Const. art. X, 1 or the equal protection provisions of the United States and West Virginia Constitutions. View "Murray Energy Corp. v. Steager" on Justia Law
Bruce McDonald Holding Co. v. Addington Inc.
The Supreme Court affirmed the judgment of the circuit court granting summary judgment against Petitioners in their action against Respondents based upon a coal lease agreement between the parties and granting summary judgment against Respondents’ counterclaim, holding that there was no error to the dismissal of the parties’ respective claims. In granting summary judgment against Petitioners, the circuit court concluded that Respondents had no obligation to diligently mine coal and did not have to make royalty payments based upon comparable sales by other mining companies. The circuit court also granted summary judgment against Respondents’ counterclaim seeking damages for Petitioners’ refusal to consent to an assignment or sublease of the coal lease and for alleged tortious interference with an asset agreement Respondents had with another company. The Supreme Court affirmed, holding that there was no error in the circuit court’s judgment. View "Bruce McDonald Holding Co. v. Addington Inc." on Justia Law
McElroy Coal Co. v. Schoene
In this action alleging claims under the West Virginia Surface Coal Mining and Reclamation Act, W. Va. Code 22-31 to 22-3-38, the Supreme Court answered several questions of law certified to it by the federal court. The Court answered, inter alia, that (1) a 1902 deed provision transferring the right to mine coal “without leaving any support for the overlying strata and without liability for any injury which may result to the surface from the breaking of said strata” prohibits a surface owner from pursuing a common law claim for loss of support arising from subsidence caused by the extraction of the coal from below the surface; (2) assuming the surface lands and residence of a landowner have been materially damaged from subsidence that is a natural result of underground mining, the surface owner is limited to the remedies provided for in the West Virginia Code of State Rules 38-2-16.2.c to 38-2-16.2.c.2; and (3) if a surface owner proves that his or her person or property was injured through a coal operator’s violation of a rule, order, or permit, the surface owner can receive monetary compensation for such injury pursuant to W. Va. Code 22-3-25(f). View "McElroy Coal Co. v. Schoene" on Justia Law
SWN Production Co. v. Long
The Supreme Court reversed the circuit court’s order invaliding the arbitration provision at issue in this case involving an oil and gas lease and remanded with directions that the case be dismissed and referred to arbitration. Petitioner and Respondents were parties to an oil and gas lease that included an arbitration provision. Respondents sued Petitioner, seeking to recover payments to which they claimed to be entitled under the lease and various other damages. Petitioner filed a motion to compel arbitration, relying on the arbitration provision in the lease. The circuit court denied Petitioner’s motion to compel arbitration, finding ambiguity in the lease’s arbitration provision. The Supreme Court reversed, holding (1) the circuit court erred in going outside of the provisions in the arbitration clause to find language to create an ambiguity; and (2) the arbitration provision was not ambiguous and therefore should be enforced. View "SWN Production Co. v. Long" on Justia Law
Gastar Exploration Inc. v. Rine
The 1977 deed at issue in this case was ambiguous and of such doubtful meaning that reasonable minds disagreed as to the deed’s intent, and therefore, the circuit court erred in finding the deed was clear and in finding that the grantors did not convey one-half interest in oil and gas beneath a tract of land in Marshall County to the grantee. In 2013, Plaintiffs filed a complaint against Defendants asserting that, in the 1977 deed, Plaintiffs retained ownership of the one-half undivided interest in the oil and gas and, therefore, Defendants trespassed on their oil and gas interest and engaged in conversion. Plaintiffs then amended the complaint to request a declaratory judgment interpreting the 1977 deed. The circuit court determined that the deed was clear and unambiguous and declared that Plaintiffs kept for themselves the one-half interest in the oil and gas. The Supreme Court reversed, holding that the circuit court erred in finding that the 1977 deed was unambiguous and in granting a declaratory judgment in favor of Plaintiffs. View "Gastar Exploration Inc. v. Rine" on Justia Law