Posts Authored by Jeff Bell

Bricker to host webinar when Ohio Supreme Court issues DMA decisions

Following the last of its scheduled arguments regarding the Ohio Dormant Minerals Act (DMA), landowners, oil and gas companies, attorneys and judges are anxiously awaiting the Ohio Supreme Court’s decisions on a number of important DMA cases — Walker v. Noon, Chesapeake v. Corban and Eisenbarth v. Reusser. These three cases, which involve many highly-contested issues relating to the DMA, focus on the key legal issue before the Court, especially including whether the 1989 version of the statute was self-executing. These rulings will likely unlock a backlog of dozens of Ohio DMA cases in lower courts and will provide certainty to oil and gas companies in the Marcellus and Utica shale plays in Ohio. 

To quickly update you on the Supreme Court's DMA decisions and their implications, Bricker & Eckler attorney Matt Warnock will present a webinar-based analysis of the decision(s) on the first business day following the release of the court’s ruling. 

The webinar date and times will become available upon the court's issuance of its decision. Please contact Jeanna Packard at or 614.227.8890 to receive updates and registration details for this free online event.

Ohio, Oil & Gas Litigation

OU hosts webinar on shale boom’s impact on communities

Ohio University is hosting a free webinar, “Economic Boom and Bust: Lessons from the Frontline of Coal and Shale,” on Wednesday, December 9, 2015 from 11a.m. to noon. Presenters Dale Arnold, with the Ohio Farm Bureau Federation, and Jason Jolley and Scott Miller, with Ohio University’s Voinovich School of Leadership and Public Affairs,  will discuss best practices and resources available to help State leaders, resource providers, researchers, economic and workforce developers, and others manage the shale industry in their communities. In addition to discussing shale’s benefits and costs, speakers will also provide insight on the challenges communities dependent on coal and other resources are facing.  To learn more, or register, visit the event page



Nearly $33.7 billion invested in Ohio due to oil and gas-related projects

Bricker & Eckler recently released the fifth edition of its shale economic development chart, which tracks Ohio’s oil and gas-related projects. The chart reports a 51 percent increase in total investments since fall 2014 and an additional $5.7 billion in infrastructure investments since the previous report was published in May 2015. The evolution of Ohio's shale boom has moved beyond the rush to lease oil and gas mineral rights into midstream and downstream phases involving the storage, transportation and processing of oil, natural gas and natural gas liquids. Updated semi-annually, Bricker’s shale economic development chart seeks to quantify the impact that the shale boom has had on Ohio’s economy. 



Ohio Supreme Court decides lease is 'title transaction' under Dormant Minerals Act

Bringing additional clarity to the oft-disputed Ohio Dormant Minerals Act, R.C. 5301.56 (DMA), the Ohio Supreme Court on November 5 issued its long-awaited decision in Chesapeake Exploration, LLC v. Buell, Slip Opinion No. 2015-Ohio-4551. Written by Chief Justice Maureen O’Connor, the majority opinion confirms that a “recorded oil and gas lease is a title transaction” for purposes of the DMA, “but the expiration of such a lease is not.”  A copy of the ruling can be found here. For more, click here to read a summary of the Court’s decision by the Bricker & Eckler Shale Task Force.

Ohio, Oil & Gas Litigation

Belmont County updates transfer policy for oil, gas and minerals

In response to the growing number of transfers of oil, gas and minerals, the Belmont County Auditor’s Office released for the first time a written policy detailing the requirements for such transfers. Specifically, the new policy outlines the creation of new parcel numbers for tracking purposes, while also discussing the taxation of these new parcels. The new policy applies if a property owner sells their property but reserves the oil, gas and minerals in the deed, or if an owner of the oil, gas and minerals sells or otherwise transfers an interest in the oil, gas and minerals. To view a summary of the auditor's new requirements and their implications, view Bricker's Belmont County Transfer Policy Update chart.