Energy Development Corp. v. Moss

MCGRAW, Justice.

The parties in this appeal contest the ownership of what is called “coalbed methane,” which many refer to simply as “CBM.” Coalbed methane, as its name suggests, originates in a coal seam. Traditionally viewed as a dangerous waste product of coal mining, *580in more recent years coalbed methane has emerged as a useful, and thus valuable, source of energy. The specific question asked in this case is whether a standard oil and gas lease executed in 1986 conveyed to the lessee the right to drill into the lessor’s coal seams in order to produce the coalbed methane. This is the only…