Justia Energy, Oil & Gas Law Opinion Summaries

Bryan and Doris McCurdy filed an action against Mountain Valley Pipeline, LLC (MVP) seeking a declaration that MVP had no right to enter their property to survey the area as a potential location for a natural gas transmission pipeline MVP planned to construct. The McCurdys further sought both a preliminary and a permanent injunction prohibiting MVP from entering their property. The circuit court granted declaratory judgment to the McCurdys and also granted the McCurdys a preliminary and a permanent injunction prohibiting MVP from entering their property. The circuit court based its decision on its finding that MVP’s pipeline is not being constructed for a public use in West Virginia. The Supreme Court affirmed, holding that the circuit court did not err in concluding (1) MVP could enter the MCurdys’ land to survey the land only if the MVP pipeline was for a public use, and (2) the MVP pipeline was not being constructed for a public use in West Virginia. View "Mountain Valley Pipeline v. McCurdy" on Justia Law

At dispute in this case was ownership of coalbed methane (CBM) under a 1938 deed. Respondent filed a complaint against Petitioners seeking a declaration of ownership of all CBM on the property conveyed in the deed and an accounting of royalties from Petitioners. Petitioners filed counterclaims and cross claims also seeking a declaration of ownership and an accounting of royalties. The dispositive issue for determination at trial was whether CBM was considered “gas” for purposes of Petitioners’ “oil and gas” reservation in the deed. The circuit court granted judgment in favor of Respondent, concluding that, based on the totality of the circumstances, the predecessors of Petitioners did not intend the reservation in the 1938 deed to include an interest in the CBM. The Supreme Court affirmed, holding that the reservation in the 1938 deed did not include CBM due to the general opinion at the time that CBM was a hazard and a nuisance. View "Poulos v. LBR Holdings, LLC" on Justia Law

The complex issues at issue in these three consolidated appeals revolved around four overlapping leases to extract oil and gas from land owned by Plaintiff. Each lease contained an arbitration clause. Plaintiff filed the instant case against Defendants seeking a declaration as to which lease was controlling as to which defendants and seeking damages from Defendants. The circuit court entered an order voiding two of the four leases, addressing the substantive terms of two other leases, and compelling the parties to arbitrate any remaining claims by Plaintiff. The Supreme Court affirmed in part and reversed in part, holding that the circuit court (1) properly found the arbitration clause in one lease to be unenforceable and correctly ruled that the entire lease was unenforceable; (2) erred in compelling certain defendants to participate in arbitration under the terms of a second lease but did not err when it made findings of fact and conclusions of law that addressed the substance of Plaintiff’s claims regarding that lease; (3) erred in voiding a third lease, and its included arbitration clause, in violation the doctrine of severability; and (4) erred in its substantive rulings interpreting a fourth lease, as the court should have referred questions about the lease to arbitration. View "Chesapeake Appalachia, LLC v. Hickman" on Justia Law