Local Governments May Have Some Authority Over Oil & Gas Infrastructure
- April 29, 2014 | By Alan D. Wenger | Oil & Gas, Public Sector
The oil and gas industry and its acolytes want everyone to believe that anything remotely related to oil and gas development is preempted by state law. State law does give the Ohio Department of Natural Resources exclusive jurisdiction over some…
Considerations for Addressing Royal Frustration Over Royalties
- February 18, 2014 | By Alan D. Wenger | Oil & Gas
Prompted by the flowery prognostications of oil company landmen, many Northeastern Ohio property owners hastened to lease their acres for horizontal shale drilling, with visions of fat royalty checks to come. Now, with a few new wells coming online (mostly…
Landowners With Unit Size Limits in Leases Should Resist Lessee Moves for Larger Units
- January 17, 2014 | By Alan D. Wenger | Oil & Gas
A troubling development in Ohio's oil and gas drilling craze is the pursuit by energy companies of regulatory orders that could undermine the existing lease rights of landowners. Although the Ohio Department of Natural Resources has not yet approved any…
Landowners Should Challenge Threats of Eminent Domain For Pipeline Easements
- June 27, 2013 | By Alan D. Wenger | Oil & Gas
Landmen unfortunately sometimes resort to veiled or explicit threats to landowners regarding pipeline easements. They may something like, “If you won't work with us we can just take an easement by eminent domain.” This is probably not true. Eminent domain…
New Ohio Rules on Forced Unitization Require More Documentation, Specifics
- June 17, 2013 | By Alan D. Wenger | Oil & Gas
New Ohio rules governing the complicated practice of unitization in the development of oil and gas resources will force energy companies to provide more notice and documentation and to negotiate in good faith as they pursue larger units. These rules,…
Unit Size Amendments: Watch Out for Brokers Asking You to Assign Lease Rights
- April 14, 2013 | By Alan D. Wenger | Oil & Gas
We are hearing of at least one broker soliciting area lessors who have “held by production” leases, touting a negotiating group forming to seek better lessor financial terms in return for allowing the lessee larger unit sizes. The broker is…
Employee Handbooks Can Bring Benefits, Dangers
- November 20, 2012 | By Shawna L. L'Italien | Business & Employment
Each employer makes its own decision on whether or not to have an employee handbook. When done right and handled correctly, handbooks provide the benefit of consistency, communication, clarity and support. However, if not done right, an employee handbook can…
Doing Business with Oil & Gas Companies Requires Close Scrutiny and Caution
- July 3, 2012 | By Martin J. Boetcher | Business & Employment, Oil & Gas
The rise of oil & gas exploration activity in the northeastern Ohio has created business opportunities for many local companies. Making the most of those opportunities requires caution with respect to the contracts that govern business relationships with the large…
New EEOC Guidelines on Background Checks May Mean New Approaches for Employers
- July 2, 2012 | By Martin J. Boetcher | Business & Employment
New Equal Employment Opportunity Commission guidelines about employers' use of criminal records in hiring decisions may require employers to consider some new approaches. The new EEOC guidelines deal with the use of arrest and conviction records in employment-related decisions like…
Seismic Testing: Know Your Rights Around the ‘Big Bang’
- April 23, 2012 | By Alan D. Wenger | Oil & Gas
Many landowners have become familiar with seismic testing contractors who ask landowners to sign form permits allowing access to conduct sophisticated tests to map shale layers. Testing can involve explosive charges set off in shallow bore holes and compressive “thumper…