360 CAPITAL UNIVERSITY LAW REVIEW [44:359
Today, oil and gas production has come full circle with a strong return
to its roots in Ohio.4 “The heart of it all”5 is quickly becoming the heart of
Appalachian oil and gas production.6 As producers continue to fund massive
operations in Ohio connected to the Utica and Marcellus Shale formations,7
shale continues to be “the biggest thing to hit Ohio since the plow.”8
Although Ohio has a rich history of production,9 its oil and gas
jurisprudence lags behind other traditional, oil-producing states (e.g.,
Oklahoma, Colorado, and Texas).10 As Ohio’s shale boom continues,11 the
law should catch up with technology as it has in these other states.12 In
particular, old doctrines must be interpreted in light of technological
advancements designed to facilitate oil and gas exploration and
4 See id. at 3.
5 See Ohio’s State Tourism Slogans, OHIO HIST. CENT., http://ohiohistorycentral.org/
w/Ohio’s_State_Tourism_Slogans (last visited Feb. 16, 2016).
6 See OHIO OIL & GAS ASS’N, supra note 3, at 8. Ohio recently obtained its one-
thousandth well searching for gas, oil, and natural gas liquids, a fact that demonstrates the
state’s strengthening position as a producing state. See Dan Shingler, Ohio Gets Its 1,000th
Shale Well, CRAIN’S CLEVELAND BUS. (Aug. 8, 2015, 4:30 AM), http://www.crainsclev
7 See, e.g., Bob Downing, Production Increases, Profits Decline for Antero Resources in
Utica Shale, OHIO.COM (July 30, 2015, 3:45 PM), http://www.ohio.com/business
see also Bob Downing, Gulfport Energy Loses $1.2 Billion in 2015, Production to Grow,
OHIO.COM (Feb. 18, 2016), http://www.ohio.com/blogs/drilling/ohio-utica-shale-
8 Joseph Triepke, Best Thing Since the Plow? Utica Gas Production Finally Ramping,
ly-ramping (last visited Mar. 8, 2016).
9 See Oil and Gas Fields Map of Ohio, OHIO DEP’T OF NAT. RES., DIV. OF GEO. SURV.,
(last visited Jan. 10, 2016).
10 See Timothy M. McKeen & Kristen L. Andre ws, The Effect of Missing Production on
Ohio’s Held By Production Oil and Gas Leases, 37 OHIO ST. L.J. FURTHERMORE 13, 13
11 See id.
12 Id. at 17. See also Joe P. Koncelik, Governor Releases Bill to Regulate Shale Gas
Drilling and Wastewater Disposal, OHIO ENVTL. L. BLOG (Apr. 9, 2012, 3:39 PM),