Successfully represented one of the nation's largest energy producers and transporters, Dominion East Ohio, in a case involving a natural gas supplier who placed restricted covenants on property deeds, forcing all owners and lessees to buy gas from it. The supplier sued Dominion when a commercial customer tried to enter into a new retail supply agreement with them. Courts struck down the covenant for lack of considerations and ruled the restriction as a violation of Ohio public policy.
Oil & Gas
Shale solutions. Statewide connectivity. On-the-ground experience.
Bricker & Eckler’s multidisciplinary Shale Task Force is comprised of attorneys with decades of experience counseling its clients in every facet of the oil and gas industry. With a recent focus on the Marcellus and Utica Shale boom in Appalachia, the Shale Task Force offers practical and creative solutions to complicated legal, regulatory and policy issues involving oil and gas development.
Types of clients we represent:
- Exploration and production companies
- National oil and gas trade associations
- Natural gas pipeline companies
- Financial institutions
- Public and private landowners
- Real estate developers
- Electricity generation facilities
Related Industries & Practices
Our experience with oil and gas transactions highlights the breadth of the firm’s energy practice and involves tens of thousands of acres throughout the Appalachian Basin. Working through real estate, land use and construction challenges, we prepare and negotiate a variety of transactional documents, including oil and gas leases, pipeline easements, road use maintenance agreements (RUMAs) and mineral conveyance documents. Our team also addresses complex real and personal property tax issues, environmental and regulatory challenges, and cross-jurisdictional projects – all of which are critical to shale development in Ohio. Visit our Real Estate practice.
Bricker & Eckler has a proven track record of successfully resolving oil and gas disputes on behalf of its clients. We approach problems practically, with an understanding that litigating a case may not always be the best method for resolution. The various types of oil and gas litigation matters in which we have experience include: eminent domain proceedings; appellate work before Ohio’s intermediate appellate courts and the Ohio Supreme Court; mineral rights ownership disputes; oil and gas lease disputes; coal and pipeline company disputes; nuisance and trespass claim involving water supply or property contamination; and class action litigation matters involving energy companies. Visit our Litigation practice.
Bricker’s Shale Task Force is actively involved in Ohio’s regulatory arena, giving our oil and gas attorneys special insight into the complex regulatory and environmental issues that surround energy development. Our team, which includes a former commissioner of the Public Utilities Commission of Ohio (PUCO) and former Master Commissioner of Public Utility Law for the Ohio Supreme Court, regularly appears before permitting agencies such as the Ohio Department of Natural Resources, the Ohio Power Siting Board, the Ohio Environmental Protection Agency (EPA), and the Environmental Review Appeals Commission, in addition to the PUCO. Each attorney has developed close working relationships with key staff members at these state agencies. Visit our Energy, Environment & Utilities practice.
Every government relations attorney in our Shale Task Force is a registered lobbyist with diverse experience in the Ohio energy market. They have longstanding relationships with public officials within all levels and branches of government. As a result, we do more than help our oil and gas clients understand existing laws and regulations; we are able to effectively present their viewpoints, advance their interests and use legislation and rulemaking as a problem-solving tool. Visit our Government Relations practice.
Actively represent more than 30 clients before the Ohio General Assembly, state agencies and local government entities. Longtime clients include the Association of Ohio Life Insurance Companies, the Ohio Manufacturers’ Association, the Ohio Association of Physician Assistants and Northeast Ohio Public Energy Council.
Represented a natural gas utility in the negotiation and acquisition of a rural natural gas pipeline system in eastern Ohio. The transaction involved the completion of due diligence and negotiation of a complicated asset purchase agreement and corresponding escrow agreement.
Successfully defended oil and gas companies in breach of lease litigation.
Successfully obtained temporary restraining order on an expedited timeline for oil and gas company to install a pipeline in eastern Ohio.
Formed and worked with the Southeastern Ohio Landowners Association (SEOLA) to combine the acreage of landowners in five southeastern counties in order to negotiate oil and gas leases with multiple energy companies. SEOLA blossomed into the longest-lasting and most successful landowners group in Ohio with a dozen deals closed with eight different oil and gas companies, involving approximately 70,000 acres and more than $300 million in upfront, per-acre bonus payments to SEOLA landowners.
Represented Oregon Clean Energy, LLC before the Ohio Power Siting Board for approval to build a 799 mega-watt natural gas-fired combined-cycle generating facility in Oregon, Ohio. We also provided extensive counsel on real estate, environmental and tax issues related to the facility and acted as Ohio counsel responsible for due diligence required for its $850 million financing.
Served as a consultant to a national oil and gas trade association that represents companies involved in all aspects of the oil and natural gas industry. Led legislation and policy initiatives and addressed taxation concerns and regulatory issues impacting the oil and gas industry in Ohio.
Provided comprehensive representation of large, interstate natural gas pipeline company regarding a $450 million project for 76 miles of new 30-inch diameter pipeline and associated support facilities in Ohio. The project included environmental permitting and regulatory advice, real estate negotiations and transactional support, eminent domain litigation and work with local governments on road use maintenance agreements.
Provided representation to a bank trustee controlling nearly 4,000 acres of mineral rights in eastern Ohio. Beginning with the negotiation of an above-market-value oil and gas lease, which resulted in an initial payment to the trust of tens of millions of dollars, we provided related legal services, including the completion of title curative work, lease maintenance activities and the negotiation of ancillary agreements.
Filed amicus briefs on behalf of oil and gas clients in various Ohio appellate courts, including the Ohio Supreme Court and various intermediate appellate courts.
Successfully negotiated an incentive package for the developer of a natural gas-fired turbine electric generation facility, including the exemption of personal property taxes on all machinery and equipment.
Represented oil and gas clients in various Ohio appellate courts, including the Ohio Supreme Court and various intermediate appellate courts regarding Ohio Dormant Minerals Act appeals.
Represented oil and gas clients in various Ohio appellate courts, including the Ohio Supreme Court and various intermediate appellate courts regarding expiration of leases.
Represented a landowner and litigated a quiet title action to a successful settlement with the operators of an abandoned oil and gas lease.
Represented oil and gas clients in various Ohio appellate courts, including the Ohio Supreme Court and various intermediate appellate courts regarding notice of assignment provisions.
Collaborating with government entities and private developers to build and implement creative strategies that promote investment, create jobs and enhance communities. For more information, please visit our DevelopOhio Resource Center.
The enormous potential of shale in Ohio and its contiguous states is creating a regional oil and gas “gold rush." This resource center includes a comprehensive array of resources discussing the opportunities, challenges and complexities associated with development of the Utica and Marcellus Shale. For more information, please visit our Shale Resource Center.
Ohio Supreme Court decides lease is "title transaction" under DMA
Belmont County updates transfer policy for oil, gas and minerals
Court permits pipeline company to access private property
Ohio Supreme Court rules in favor of Secretary of State Husted in mandamus action involving oil and gas ballot initiative