Columbia Gas Transmission LLC v. The Ohio Valley Coal Company et al., Case No. 2019-0838
Tenth District Court of Appeals (Franklin County)
ISSUES:
- Did the Ohio Surface Mining Control and Reclamation Act eliminate the validity of surface damage waivers in mineral rights agreements?
- If a state regulation provides a specific remedy for a violation, may a harmed entity seek damages not specified in the regulation?
- Does Ohio law permit the recovery of "preventative damages" if no damage actually occurs?