Mineral Law

The newsletter of the ISBA’s Section on Mineral Law

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2004 Articles

Are independent paralegals on the horizon in Illinois? By James K. Weston, Sr. March 2004 When Senate Bill 2132 was dropped in the hopper in Springfield, the sound could well have been that of a muffled nuclear explosion rather than the barely audible sound it likely was.
Case note March 2004 Bill Austin of Effingham has provided us with a copy of the Fifth Appellate District's recent Rule 23 Opinion from a case in which he represented the plaintiff.
Coal option penalty unenforceable By James K. Weston, Sr. August 2004 A recent Seventh Circuit decision affirmed the U.S District Court for the Southern District of Illinois in the case of Energy Plus Consulting, LLC, v. Illinois Fuel Company, LLC and Appalachian Fuels, LLC, __ F2nd __ (No. 03-1836; June 9, 2004; 7th ).
Council legislative initiative By James K. Weston, Sr. March 2004 Readers of this newsletter will recall our discussion in the November 2001 edition of an amendment of the Partition Act that was intended to reverse the impact of Dunn v. Patton, 307 Ill. App. 3d 375, 718 N. E. 2d 264, 240 Ill. Dec. 783, 144 Oil & Gas Rep. 70.
From the editor By James K. Weston, Sr. December 2004 This edition includes an article authored by our friend and council member John C. Robison, Jr. of Fairfield.
From the editor By James K. Weston August 2004 This edition includes an update for several legislative initiatives that will either affect mineral law or have general application.
From the editor By James K. Weston, Sr. June 2004 This edition includes an update for several legislative initiatives that will either affect mineral law or have general application.
From the editor By James K. Weston, Sr. March 2004 This edition includes several legislative initiatives that will either affect mineral law or have general application.
Illinois drilling permits-Do high prices translate to increased activity? By James K. Weston, Sr. December 2004 An analysis of drilling permit applications in the last year does not reflect the kind of increase in production activity one might expect in light of record increases in the price of oil, at this writing nearly $50 per barrel.
Illinois drilling permits-Do high prices translate to increased activity? By James K. Weston, Sr. August 2004 An analysis of drilling permit applications in the last year does not reflect the kind of increase in production activity one might expect in light of record increases in the price of oil, at this writing nearly $44 per barrel.
Legislative update By James K. Weston, Sr. December 2004 The General Assembly ended its Veto Session in mid-November. The major issues continued to be about balancing the budget.
Legislative update By James K. Weston, Sr. August 2004 The General Assembly finally ended its Spring Session in late July.
Legislative update By James K. Weston, Sr. June 2004 As this is written in mid-May, the General Assembly is, shall we say, lurching toward the end of session.
Please don’t step on my grave By John W. Damisch March 2004 Editor's note: The editor is privileged to know and count as a friend the lawyer who won the trial and appeal in this case.
A primer on mineral interests in Illinois real estate By Joe Kusmierczak June 2004 The legal definition of "mineral" is broader than its scientific definition.
Right of first refusal enforced By James K. Weston, Sr. August 2004 A recent Rule 23 decision by the Fifth District Appellate court has been brought to out attention by Council member Bob Coble of Flora, who represented the losing party.
State chamber can’t intervene By James K. Weston, Sr. March 2004 In a very recent decision rendered by the U.S. Circuit Court of Appeals for the Seventh Circuit in the case of Sierra Club, Inc. v. Environmental Protection Agency, No. 03-4174, decided February 19, 2004, Judge Easterbrook wrote the opinion denying the Motion to Intervene by the Illinois State Chamber of Commerce ("Chamber") and the Illinois Environmental Regulatory Group ("IERG").
The termination of an oil and gas lease in its secondary term By John C. Robison, Jr. December 2004 The term of an oil and gas lease is set forth in a provision known as the habendum clause.
Yokel v. Hite: Did joint venture spring from unitization agreement? By James K. Weston, Sr. June 2004 Yokel v. Hite is a Fifth District case (No. 5-02-0674) originally decided April 7, 2004 as a Rule 23 order. On May 6, 2004, a Motion to Publish was granted.