Patrick D. Leggett v. EQT Production Co.

LOUGHRY, Chief Justice:

This case is before the Court upon certified questions presented by the United States District Court for the Northern District of West Virginia regarding whether this Court’s decision in Tawney v. Columbia Natural Resources, L.L.C., 219 W.Va. 266, 633 S.E.2d 22 (2006), has “any effect” upon whether a lessee of an oil and/or gas lease subject to West Virginia Code § 22-6-8 (1994) may deduct post-production.expenses from the lessor’s royalty. Upon original hearing, a majority of this Court reformulated the certified question and held that royalties paid pursuant to leases…