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IN RE ANTRIM SHALE FORMATION

Nos. 327723, 330161.

899 N.W.2d 799 (2017)

319 Mich.App. 175

IN RE ANTRIM SHALE FORMATION RE OPERATION OF WELLS UNDER VACUUM. Riverside Energy Michigan, LLC, Jordan Development Company, LLC, HRF Exploration & Production, LLC, and Trendwell Energy Corp., Appellants, v. Michigan Public Service Commission, Linn Midwest Energy, LLC, Linn Operating, Inc., Terra Energy Company, LLC, Breitburn Operating, LP, Breitburn Management, LLC, Enervest Management Partners, LP, Belden & Blake Corp., doing business as Ward Lake Energy, Enervest Institutional Fund IX, LP, Merit Energy Company, LLC, DCP Antrim Gas, LLC, and DCP Grands Lacs, LLC, Appellees, and Muskegon Development Company, Intervenor-Appellee. In re Antrim Shale Formation re Operation of Wells Under Vacuum. Riverside Energy Michigan, LLC, Jordan Development Company, LLC, HRF Exploration & Production, LLC, and Trendwell Energy Corp., Appellants, v. Michigan Public Service Commission, DCP Antrim Gas, LLC, DCP Grand Lacs, LLC, Linn Midwest Energy, LLC, Linn Operating, Inc., Terra Energy Company, LLC, Breitburn Operating, LP, Breitburn Management, LLC, Enervest Management Partners, LP, Belden & Blake Corporation, doing business as Ward Lake Energy, Enervest Institutional Fund IX, LP, and Merit Energy Company, LLC, Appellees.

Court of Appeals of Michigan.

Decided March 21, 2017, 9:00 a.m.

Attorney(s) appearing for the Case

Varnum, Riddering, Schmidt & Howlett LLP (by Jack D. Sage and Toni L. Newell ) for Riverside Energy Michigan LLC, Jordan Development Company, LLC, HRF Exploration & Production, LLC, and Trendwell Energy Corporation.

Bill Schuette , Attorney General, Aaron D. Lindstrom , Solicitor General, Matthew Schneider , Chief Legal Counsel, B. Eric Restuccia , Deputy Solicitor General, and Spencer A. Sattler and Steven D. Hughey , Assistant Attorneys General, for the Michigan Public Service Commission.

Ranieri Hanley & Hodek, PLC (by L. Eric Ranieri ), for Linn Midwest Energy LLC, Linn Operating, Inc., Terra Energy Company LLC, Breitburn Operating LP, Breitburn Management Company LLC, EnerVest Management Partners LP, Belden & Blake Corporation, EnerVest Institutional Fund IX LP, and Merit Energy Company LLC.

Before: Beckering, P.J., and O'Connell and Borrello, JJ.

Appellants, oil companies operating within the Antrim Shale Formation, appeal as of right the order of the Michigan Public Service Commission (the Commission) granting natural gas producers approval to operate wells under vacuum in the Antrim Shale Formation. The Commission considered the entire shale formation, and its decision permitted all...

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