Illinois drilling permits-Do high prices translate to increased activity?By James K. Weston, Sr.Mineral Law, August 2004An 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 updateBy James K. Weston, Sr.Mineral Law, August 2004The General Assembly finally ended its Spring Session in late July.
Right of first refusal enforcedBy James K. Weston, Sr.Mineral Law, August 2004A 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.
Legislative updateBy James K. Weston, Sr.Mineral Law, June 2004As this is written in mid-May, the General Assembly is, shall we say, lurching toward the end of session.
Yokel v. Hite: Did joint venture spring from unitization agreement?By James K. Weston, Sr.Mineral Law, June 2004Yokel 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.
Case noteMineral Law, March 2004Bill 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.
Council legislative initiativeBy James K. Weston, Sr.Mineral Law, March 2004Readers 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.
Please don’t step on my graveBy John W. DamischMineral Law, March 2004Editor's note: The editor is privileged to know and count as a friend the lawyer who won the trial and appeal in this case.
State chamber can’t interveneBy James K. Weston, Sr.Mineral Law, March 2004In 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").
Attorney fees for appeal under Oil and Gas Release ActBy James K. WestonMineral Law, December 2003In the recent case of Maschhoff v. Klockenkemper, the issue was whether the successful party at the trial level was entitled to recover attorney fees both for the trial and also the appeal under the Oil and Gas Lease Release Act.
House seeds in a quarry?By James K. WestonMineral Law, December 2003In article in the Chicago Tribune on Sunday, October 19, 2003, caught my eye
Overstay your lease—Adverse posession?By James K. WestonMineral Law, December 2003Our Chair, Chris Weber, calls attention to a recent case from the Texas Supreme Court that presented an interesting twist to a landlord's suit for a finding that leases were terminated due to periods of non-production ranging from 30 to 153 days.
Storm runoff liability exemption inapplicableBy James K. WestonMineral Law, December 2003An apparent exemption from liability for stormwater runoff liability has been construed not to apply in the case of The People ex rel. Lisa Madigan, Attorney General of Illinois v. Dixon-Marquette Cement Inc. and Prairie Material Sales, Inc., (No. 2-02-0638, Second Appellate District, 2003).
Taxing tiers above titleBy James K. WestonMineral Law, December 2003Senate Bill 1883 provides that the transfer tax on real estate transactions is expanded so that it applies to certain off-record transfers.
The tide rises once again: Definition of wetlands revisitedBy James K. WestonMineral Law, December 2003A recent Virginia case, Treacy v. Newdunn Associates, analyzed once again the definition of "navigable waters" under the Clean Water Act.
Council votes support for repeal of 765 ILCS 535Mineral Law, September 2003At its September meeting in Mt. Vernon, the Section Council heard the recommendation of Past Chair George C. "Curt" Lackey of Centralia that we support the repeal of 765 ILCS 535, the Oil and Gas Lease Release Act.
Dart v. LeavellMineral Law, September 2003As noted in the last edition of this newsletter, at that time the case of Dart v. Leavell was unpublished under Rule 23.
Federal Trade Commission fax ruleMineral Law, September 2003The Federal Trade Commission recently delayed implementation of a new rule originally scheduled to take effect on August 25, 2003 until January 1, 2005.
Leavell v. IDNRMineral Law, September 2003In another case involving the Leavell family, they were successful in an appeal challenging the decision of the Circuit Court upholding the Illinois Department of Natural Resources, Office of Mines and Minerals, finding of abandonment.
New laws from the 93rd General Assembly 2003 spring sessionBy James K. WestonMineral Law, September 2003NOTE: This work is intended to provide a roadmap to new laws but is not a full and thorough review. Readers are urged to study the laws in their entirety.
Dart, et al. v. Leavell. et al.(No. 5-02-0441)Mineral Law, June 2003The plaintiffs, Herbert Eugene Dart and Mary Jane Dart, filed an action to cancel an oil and gas lease granted to the defendants, Stanley Leavell and Eva Lovene Leavell, alleging that the lease had been forfeited due to nonproduction and inoperable equipment.
IOGA leads opposition to proposed amendment to Drilling Operations ActMineral Law, June 2003Senator Larry Woolard, (D) Carterville, has sponsored legislation that would amend the Drilling Operations Act to allow surface owners who own no minerals to seek compensation for "diminution in value" of their property.
Federal legislationMineral Law, May 2003Washington--Although the heavy lifting was reportedly being delayed until April, national energy policy legislation did begin to take shape in March when committees in both chambers released draft bills, and four Senate leaders introduced a comprehensive energy tax bill.
The oil and gas lease*By Ivan A. Elliott, Jr.Mineral Law, May 2003Let's not get too technical. The Illinois Supreme Court said of an oil and gas lease, "A mining lease is a lease in fact as well as in name." People ex rel. Hargrave v. Phillips, 394 Ill. 119, 122, 67 N.E.2d 281 (1946).
Rules not right for most oil and gas*By Bill CampellMineral Law, May 2003Technical problems aside, oil and gas drilling and production sites should be exempt from federal stormwater runoff permitting requirements, independent producer associations maintain in comments filed with the U.S. Environmental Protection Agency.
Save domestic oil launches an appeal of new judge’s ruling*Mineral Law, May 2003ENID, OK.--The Committee to Save Domestic Oil has appealed a federal court ruling that negated its earlier legal victories to the U.S. Court of Appeals for the Federal Circuit, reports Sue Ann Hamm of Continental Resources in Enid.
