Articles From James K. Weston | Illinois State Bar Association

Illinois drilling permits-Do high prices translate to increased activity? By James K. Weston, Sr. Mineral Law, March 2005 An analysis of drilling permit applications in the last year and a quarter is now beginning to reflect a modest increase in production activity.

Legislative update By James K. Weston, Sr. Mineral Law, March 2005 The 94th General Assembly is now in Session.

From the editor By James K. Weston, Sr. Mineral Law, December 2004 This edition includes an article authored by our friend and council member John C. Robison, Jr. of Fairfield.

Illinois drilling permits-Do high prices translate to increased activity? By James K. Weston, Sr. Mineral Law, 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.

Legislative update By James K. Weston, Sr. Mineral Law, December 2004 The General Assembly ended its Veto Session in mid-November. The major issues continued to be about balancing the budget.

Coal option penalty unenforceable By James K. Weston, Sr. Mineral Law, 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 ).

From the editor By James K. Weston Mineral Law, August 2004 This edition includes an update for 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. Mineral Law, 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. Mineral Law, August 2004 The General Assembly finally ended its Spring Session in late July.

Right of first refusal enforced By James K. Weston, Sr. Mineral Law, 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.

From the editor By James K. Weston, Sr. Mineral Law, June 2004 This edition includes an update for several legislative initiatives that will either affect mineral law or have general application.

Legislative update By James K. Weston, Sr. Mineral Law, June 2004 As 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 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.

Are independent paralegals on the horizon in Illinois? By James K. Weston, Sr. Mineral Law, 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.

Council legislative initiative By James K. Weston, Sr. Mineral Law, 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. Mineral Law, March 2004 This edition includes several legislative initiatives that will either affect mineral law or have general application.

State chamber can’t intervene By James K. Weston, Sr. Mineral Law, 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").

Attorney fees for appeal under Oil and Gas Release Act By James K. Weston Mineral Law, 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.

From the editor By James K. Weston, Sr. Mineral Law, December 2003 This edition we are going to focus on several new developments and also on something we may take for granted.

House seeds in a quarry? By James K. Weston Mineral Law, December 2003 In article in the Chicago Tribune on Sunday, October 19, 2003, caught my eye

Overstay your lease—Adverse posession? By James K. Weston Mineral Law, 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.

Storm runoff liability exemption inapplicable By James K. Weston Mineral Law, 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 Mineral Law, 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 Mineral Law, December 2003 A recent Virginia case, Treacy v. Newdunn Associates, analyzed once again the definition of "navigable waters" under the Clean Water Act.

From the chair By James K. Weston, Sr. Mineral Law, 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.

New laws from the 93rd General Assembly 2003 spring session By James K. Weston Mineral Law, 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.

New laws from the 93rd General Assembly, 2003 Spring Session By James K. Weston, Sr. Real Estate Law, September 2003 H 1584: Condominium Act amended to permit absentee voting as an alternative to proxies. Numerous rules pertaining to the implementation of the changes are promulgated. [P. A. 93-0243; effective January 1, 2004].

Killion v. Meeks: Tax deed trumps adverse possession, but what else? By James K. Weston Mineral Law, November 2002 In a recently filed opinion in the case of Killion v. Meeks, (2002 WL 31058293, Ill. App. 5th Dist. 2002, September 13, 2002), the Fifth Appellate District determined that title through a tax deed trumped claims to title be an adverse possessor.

Notes from the chair By James K. Weston Mineral Law, November 2002 Welcome to the first edition of Mineral Law, the newsletter of the ISBA Mineral Law Section, for the 2002-2003 year. We will make every effort to continue the sterling efforts of prior administrations.

To buy or not to buy: Who gets the shaft? By James K. Weston, Sr. Mineral Law, November 2002 Over the long term, ownership of severed mineral estates and interests has been stable.

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