Currents: Energy Industry Insights – June 2018

State Files Motion to Dismiss Federal Lawsuit by EQT –

“Lawyers representing the Secretary of the state Department of Environmental Protection have filed a motion to dismiss a lawsuit by the natural gas company EQT over a new West Virginia royalties law.”

Why this is important: When the Supreme Court of Appeals of West Virginia issued its decision in Leggett in May 2017, EQT could claim it had snatched victory from the jaws of defeat: the Court reversed a decision issued only months prior and held that EQT had the right to deduct post-production expenses from royalty payments. Then, however, the West Virginia legislature passed a bill abrogating Leggett’s holding and requiring payment of minimum 1/8 royalties without allowance for post-production expenses….

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