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Christopher W. Rogers
Member
Pittsburgh, PA
Member
Pittsburgh, PA
Chris is a member in the firm’s Pittsburgh office and a part of the Energy Industry Team. He focuses his practice on oil and gas and energy where he primarily assists his clients in predicting, avoiding, and managing mineral disputes, including title, lease, right-of-way, and royalty disputes. With his background in mineral and real property title, Chris brings experience that is especially helpful in navigating the often-murky waters of Ohioâs Marketable Title Act and Dormant Mineral Act and their ever-changing jurisprudence.
In addition to his energy practice, Chrisâ nearly 15 years of practice features diverse experience in civil and commercial disputes, including website accessibility claims, easement and right-of-way disputes, real estate disputes, coal sterilization claims, commercial disputes and personal injury and toxic tort defense.
On the transactional side, Chris has experience managing time-sensitive due diligence projects across several deals that resulted in the acquisition of more than $1 billion in oil and gas assets, as well as closings and management of these assets.
Chris is an avid writer on Ohio and Pennsylvania oil and gas law developments, especially on Ohioâs Marketable Title Act and Dormant Mineral Act, and his writings have been published in Energy Law360. He has also written for and presented at various symposiums and continuing legal education seminars for the Institute on Energy Law and the Energy and Mineral Law Foundation on oil and gas related topics.
A life-long Pittsburgh resident, Chris lives in Mt. Lebanon (a suburb south of Pittsburgh) with his wife, two children, and two dogs.
Represented oil and gas company in dispute over obligation to recognize and pay overriding royalty interests that were created out of leases now expired but allegedly subject to an extension and renewal provision (anti-washout provision).
Represented oil and gas company against claims that surface owner/lessorâs search for holders for service with Notice of Abandonment by certified mail was inadequate under Ohioâs Dormant Mineral Act, and therefore any abandonment was void.
Represented non-operating leaseholder participating in a unit against lessorsâ claim that it allegedly failed to properly calculate royalties by not paying them and/or by deducting post-production costs.
Represented oil and gas company against claims that Ohioâs Marketable Title Act extinguished severed mineral interest.
Represented overriding royalty owner against claims of lease expiration due to alleged failure of well(s) to produce in paying quantities.
Represented oil and gas company against claims of improper royalty calculation, including claims that post-production costs should not be deducted, and claim that royalty failed to include liquid constituents.
Represented lessee against lessorsâ claim of breach of lease and termination of lease and pursue arbitration of lessorsâ claims under broad arbitration provision contained in the lease (and ignored by the lessors).
Represented pipeline owner/right-of-way grantee against former surface ownerâs claim that pipeline owner was obligated to reimburse for post-production costs even though surface owner sold property and did not reserve right under right-of-way agreement (i.e., no standing).
Represented oil and gas company against claims of trespass and conversion for producing oil and gas subject to title dispute.
Represented pipeline owner against mechanicâs lien improperly filed pursuant to Ohioâs mechanicâs lien oil and gas well subsection, instead of the normal requirements for a mechanicâs lien in Ohio.
Represented partial fee mineral owner against the Ohio Public Works Commissionâs claims that property ownerâs conveyance and the subsequent development of property violated the Clean Ohio Program requirements and must be unwound (and property owner must pay penalty).
Counseled oil and gas producer on anticipated development of property purchased with Clean Ohio funds, including anticipated ability to include via mandatory pooling and anticipated response and attempted enforcement by Ohio Public Works Commission.
Represented oil and gas company against prior lessorâs claim of deed forgery and mineral conversion against third parties, who represented to producer the change of ownership, and pursuit of claims against those third parties to the extent claims of forgery are proven.
Represented private equity in partial acquisition of well-bore interests as collateral for financing development.
Defended pipeline owner against coal companyâs claims of coal sterilization and right to âmouth of mineâ value of coal (i.e., without deducting for costs of production).
Defended and counseled retail companies, banks, and restaurants in connection with claims under Title III of the Americans with Disabilities Act, and other state-law equivalents, that websites and mobile phone applications did not comply with the WCAG 2.0 Level AA accessibility standard.
Defended refinery against claim of personal injury resulting from allegedly faulty asphalt tank filling equipment.
Defended convenience store and gas station chain against neighboring ownerâs claim that it has a private easement across the gas station property even though the public was vacated by the city.
Defended refinery against neighboring landownerâs claim that it had an easement by necessity due to the lack of access to public roadways nearby.
Successfully defended mineral holding company against claim that restrictive covenants indeed prohibited development of oil and gas.
Counseled major American oil and gas producer on subsurface easement requirements for horizontal wells in Ohio.
Successfully defended major American oil and gas producer in quiet title action under Ohio Dormant Mineral Act in eastern Ohio.
Assisted American midstream operator in securing additional credit facility.
Managed and co-managed due diligence review and closings for acquisition of 25,000 acres of oil and gas assets in eastern Ohio for major U.S. exploration and production company.
Counseled mineral investment company on purchase of nonparticipating royalty interests in eastern Ohio.
Co-managed due diligence, closing, and asset management of fee mineral assets acquired in West Virginia.
Managed due diligence, closing, and asset management of fee mineral assets acquired in eastern Ohio.
Duquesne University School of Law, J.D., 2006
University of Pittsburgh, B.A., Anthropology & History, 2003, magna cum laude
Pennsylvania, 2006
Ohio, 2014
Supreme Court of Pennsylvania
United States District Court for the Western District of Pennsylvania
Supreme Court of Ohio
Pennsylvania Bar Association
Allegheny County Bar Association
Ohio State Bar Association
Energy and Mineral Law Foundation
Presented on oil and gas title in Pennsylvania as part of presentation entitled âFracking â The New âFâ Word And An Overview Of Oil And Gas Lawâ at Erie County Bar Association (Pennsylvania) on April 7, 2016.
Presented on âPitfalls of Representing Multiple Clients in Energy Transactionsâ at the Pennsylvania Bar Instituteâs 8th Annual Oil and Gas Law Colloquium on July 27, 2016.
Presented on (1) âOil and Gas Title Endorsements and Exceptionsâ and (2) âQuiet Title of Mineral Interests â A Practical Walk-Throughâ at National Business Instituteâs CLE on December 8, 2016 in Akron, Ohio.
Presented on âThe ADA and My Website: Risks and Requirementsâ at the Frost Brown Todd Annual CLE seminar in Cincinnati, Ohio, on November 10, 2016.
Published written materials for âOil and Gas Title Endorsements and Exceptionsâ and âQuiet Title of Mineral Interests â A Practical Walk-Throughâ as part of CLE presentation on December 8, 2016. Available through NBI.
July 16, 2021 | Publications
[1] In what should be the final chapter of a lease-busting lawsuit [2] that started in 2014, the Fif...
April 27, 2021 | Publications
Tomechko is important because it adds to Ohioâs jurisprudence related to whether a conveyance or r...
April 16, 2021 | Publications
Through its March 22, 2021 Opinion and Judgment Entry in OâBradovich et al. v. Hess Ohio Developme...
April 16, 2021 | Publications
In its April 5, 2021 decision in McCombs, Sr. v. Dennis, 2021-Ohio-1181, 5th Dist. No. 2020CA00148, ...
April 15, 2021 | Publications
When it comes to claims that an interest was extinguished under Ohioâs Marketable Title Act, R.C. ...
April 12, 2021 | Publications
In its March 31, 2021 decision in OâKelley, Jr. v. Rothenbuhler,[1] interpreting a 1969 deed refer...
February 8, 2021 | Publications
In its January 22, 2021 opinion in Lucas v. Whyte1, a 2-to-1 majority of the Court of Appeals of Oh...
December 30, 2020 | Publications
In reversing the 10th District Court of Appeals1 and reinstating the trial courtâs judgment, the O...
December 21, 2020 | Publications
Hot on the heels of West v. Bode, the other shoe in the world of Ohio oil and gas jurisprudence has...
December 4, 2020 | Publications
The first shoe in the world of Ohio oil and gas jurisprudence has dropped, with the Ohio Supreme Cou...
November 4, 2020 | Publications
Ohioâs oil and gas community keenly awaits the Ohio Supreme Courtâs decisions in Gerrity v. Cher...
July 8, 2020 | Publications
In its June 1, 2020 Fonzi v. Brown[1] decision, Ohioâs Seventh District Court of Appeals held that...
April 6, 2020 | Publications
Does an affidavit of heirship function as a title transaction? Would it constitute notice to a surfa...
December 4, 2019 | Publications
On November 26, 2019, in Browne v. Artex Oil Company, 2019-Ohio-4809, — N.E.3d — (Ohio 2...
July 11, 2019 | Publications
On June 28, 2019, the Court of Appeals for the Fifth District issued its opinion in Gerrity v. John...
April 5, 2019 | Publications
On March 15, 2019, an en banc panel of Pennsylvaniaâs Commonwealth Court issued an opinion address...
September 28, 2018 | Publications
On September 25, 2018, the Supreme Court of Ohio issued its decision in Dundics v. Eric Petroleum Co...
April 3, 2018 | Publications
On April 2, 2018, in Briggs v. Southwestern Energy Production Company, 2018 PA Super 79, — A.3...
February 22, 2018 | Publications
On February 14, 2018, in Richard Baatz, et al. v. Columbia Gas Transmission, LLC, No. 1:14-cv-505, 2...
January 5, 2018 | Publications
On January 3, 2018, in a 6-1 decision in the case of Alford v. Collins-McGregor, Slip Opinion No. 20...
February 1, 2016 | Publications
On January 21, 2016, The Supreme Court of Ohio (the “Supreme Court”) issued its decision...