Section Newsletters

Articles on Mineral Law

Legislative update By James K. Weston, Sr. Mineral Law, June 2005 The 94thGeneral Assembly is approaching the end of the 2005 Spring Session. The main focus continues to be creation of revenue and balancing the budget.
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.
What substances are included within the term ‘mineral’? By John C. Robison, Jr. Mineral Law, March 2005 A discussion of the decisions of Illinois and federal reviewing courts that construe the meaning of the term "minerals" in conveyances or reservations.
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.
The termination of an oil and gas lease in its secondary term By John C. Robison, Jr. Mineral Law, December 2004 The term of an oil and gas lease is set forth in a provision known as the habendum clause.
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 ).
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.
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.
A primer on mineral interests in Illinois real estate By Joe Kusmierczak Mineral Law, June 2004 The legal definition of "mineral" is broader than its scientific definition.
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.
Case note Mineral Law, 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.
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.
Please don’t step on my grave By John W. Damisch Mineral Law, 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.
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.
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.
Council votes support for repeal of 765 ILCS 535 Mineral Law, 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 v. Leavell Mineral Law, 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.
Federal Trade Commission fax rule Mineral Law, 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.
Leavell v. IDNR Mineral Law, 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.
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.
Dart, et al. v. Leavell. et al.(No. 5-02-0441) Mineral Law, 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.

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