Mineral Law

The newsletter of the ISBA’s Section on Mineral Law

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2003 Articles

Attorney fees for appeal under Oil and Gas Release Act By James K. Weston December 2003 In 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.
Central Illinois Light Company v. Consolidation Coal Company March 2003 Case No. 01-1477, decided December 30, 2002 in the United States District Court For The Central District Of Illinois - Peoria Division
Council votes support for repeal of 765 ILCS 535 September 2003 At 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, et al. v. Leavell. et al.(No. 5-02-0441) June 2003 The 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.
Dart v. Leavell September 2003 As noted in the last edition of this newsletter, at that time the case of Dart v. Leavell was unpublished under Rule 23.
Editor’s notes By Christopher L. Weber May 2003 In this issue of the newsletter, the first article is the second of a series of articles by the late Ivan A. Elliott, Jr., which originally appeared in this newsletter in 1985.
Editor’s notes By Christopher L. Weber March 2003 During the recent upturn in crude oil prices, some Illinois Basin producers are looking at hedging a portion of their crude oil production in order to capture high prices for an extended period of time and also to ensure cash flow for future projects.
Federal legislation May 2003 Washington--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.
Federal Trade Commission fax rule September 2003 The Federal Trade Commission recently delayed implementation of a new rule originally scheduled to take effect on August 25, 2003 until January 1, 2005.
From the chair By James K. Weston, Sr. September 2003 First, Chris Weber, Section Chair and previous Editor of this newsletter for several years, is to be commended for the terrific accomplishments during his watch.
From the editor By James K. Weston, Sr. December 2003 This edition we are going to focus on several new developments and also on something we may take for granted.
The highway commissioner By John W. Foltz December 2003 On the whole, the powers of the highway commissioner are both broad and wholly discretionary and as many who have practiced in this area have discovered, relatively unfettered.
House seeds in a quarry? By James K. Weston December 2003 In article in the Chicago Tribune on Sunday, October 19, 2003, caught my eye
In memorium: Honorable Patrick L. Duke September 2003 It was with considerable regret that we learned of the passing of the Hon. Patrick L. Duke of Flora on August 10, 2003.
IOGA leads opposition to proposed amendment to Drilling Operations Act June 2003 Senator 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.
IRS temporarily halts off-road tax proposal* May 2003 HOUSTON--The Internal Revenue Service has at least temporarily halted its attempts to impose federal retail excise taxes on nonfarm equipment used by the oil and gas drilling and well servicing industries, reports the Association of Energy Service Companies.
Leavell v. IDNR September 2003 In 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.
Leveling the playing (oil) field for small independents June 2003 Tulsa, Oklahoma ­ The U.S. Department of Energy has added four new projects to its "Technology Development with Independents Program."
Lincolnland Agri-Energy, LLC begins construction on farmer-owned ethanol plant in Illinois June 2003 Washington, DC--The Renewable Fuels Association (RFA) today congratulated the farmer-owners of Lincolnland Agri-Energy, LLC for beginning construction on an ethanol plant near Robinson, Illinois.
New laws from the 93rd General Assembly 2003 spring session By James K. Weston September 2003 NOTE: 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.
Notes from the editor By Christopher L. Weber June 2003 This issue of the newsletter contains a recent Rule 23 order of the appellate court of Illinois, Fifth District, affirming the judgment of the Circuit Court of the Second Judicial Circuit, Crawford County.
The oil and gas lease* By Ivan A. Elliott, Jr. May 2003 Let'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).
Overstay your lease—Adverse posession? By James K. Weston December 2003 Our 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.
Rules not right for most oil and gas* By Bill Campell May 2003 Technical 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* May 2003 ENID, 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.
Secretary of Energy announces first projects to meet president’s commitment to new clean coal technologies By Drew Malcomb March 2003 Washington, DC ­ Secretary of Energy Spencer Abraham today announced the first eight projects chosen by the Department of Energy in the initial phase of President Bush's Clean Coal Power Initiative.
Seiler v. Zeigler March 2003 I.W. Reagin, Marion E. Reagin, and Belle Seiler inherited three tracts of real estate as heirs of C.W. Reagin and Josephine Reagin. C W. Reagin met his demise on December 30, 1930, and Josephine Reap,in met her demise on October 21, 1944.
Storm runoff liability exemption inapplicable By James K. Weston December 2003 An 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 title By James K. Weston December 2003 Senate 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 revisited By James K. Weston December 2003 A recent Virginia case, Treacy v. Newdunn Associates, analyzed once again the definition of "navigable waters" under the Clean Water Act.