On December 12, 2012, the U.S. Department of Health Human Services (HHS) launched a new website focused on the use of mobile devices in relation to health information privacy and security. The website is entitled Mobile Devices: Know the RISKS. Take the STEPS. PROTECT and SECURE Health Information. The website provides educational materials, such
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How Ohio Stacks up on Taxation of Oil and Gas Operations
This is the first in a series of blog entries regarding Ohio state and local taxes imposed on oil and gas operations.
Oil and gas operators in Ohio currently pay a variety of state and local taxes:
- Commercial activity tax (CAT) which is a 0.26% excise tax on all Ohio-based gross receipts. The tax is
…
Lawsuits Over “Fraudulent” Oil & Gas Leases Often Lack Merit
The Ohio shale boom started slowly when a few small companies quietly began acquiring mineral leases for as little as $25 per acre. This soon gave way to a full blown land rush in the fall of 2010. But as lease prices skyrocketed through the Fall of 2011, disillusioned lessors who signed before the peak…
The Medicare Secondary Payer Act And Mandatory Reporting Requirements: Driving Through the Fog
By Kean Miller
The Medicare laws have undergone significant changes. With the relatively new reporting regulations and the focus on compliance, litigators must implement new procedures in their practice. Many companies are establishing guidelines to obtain information needed to comply with the Medicare Secondary Payer Act (“MSP”) and the Medicare, Medicaid and SCHIP Extension Act of 2007 (“MMSEA”).…
Ohio Attorney General Issues Guidance on Road Use Maintenance Agreements (RUMA’s)
In response to questions posed by the Richland County Prosecuting Attorney, the Ohio Attorney General recently provided guidance to public authorities about entering into Road Use Maintenance Agreements (“RUMA’s”) with oil and gas operators. This is a distillation of the 20-page Attorney General Opinion No. 2012-029, which addressed three primary questions.
I. May a county…
EIR Found Deficient With Regard to Water Supply Impacts and Deferred Butterfly Mitigation
In Preserve Wild Santee v. City of Santee (2012) 2012 Cal. App. LEXIS 1091, petitioners challenged the City of Santee’s (City) certification of a final environmental impact report (EIR) for a development project in the City, claiming the project violated the California Environmental Quality Act (CEQA) in several ways. The trial court found merit in…
Oil and Gas Pipeline Companies Can Condemn Private Property in Ohio
In Ohio, private pipeline companies regulated as common carriers or public utilities have the power of eminent domain to “condemn” or “appropriate” private property in certain situations.
It is well known that the power of eminent domain is available to government authorities. But, the reality of modern America is that carefully regulated private companies, not…
NLRB Finds for Employer in First Facebook Firing Case
By Kean Miller
Employers find themselves in uncharted territory when it comes to responding to social media activity by their employees, particularly in the wake of a series of reports issued by the National Labor Relations Board’s acting general counsel. But on September 28, 2012, in the Board’s first decision involving a discharge for Facebook postings, the NLRB…
USGS Confirms Potential of the Utica Shale; Finds Ohio Shale Oil “Sweet Spot”
Part of the mission of the Energy Resources Program of the United States Geological Survey (“USGS”) is to determine the location, quantity, and quality of U.S. mineral and energy resources. In pursuit of that mission, the USGS recently conducted a survey of the potential of the Utica shale across the Appalachian Basin.
The results of…
Fracking (Fracing) Fluid Not Allowed on Ohio Roads
A common misunderstanding of Ohio oil and gas law is that it allows oil and gas operators to spread drilling fluid on Ohio roads.
The Ohio Revised Code authorizes local governments to spread “brine” produced from oil and gas wells on roads. Ohio law does not allow drilling fluid (aka “frac” or “frack” fluid) to…