BPI resolved action seeking to enforce rights as lessee of mineral estate
Clients BPI Industries Inc.
Jones Day represented BPI Energy, Inc., a producer of coalbed methane gas in southern Illinois. BPI sued Colt LLC, American Premier Underwriters, Inc., AFC Coal Properties, Inc., and Central States Coal Reserves of Illinois, LLC in the United States District Court for the Southern District of Ohio to enforce its rights as lessee of a mineral estate underlying approximately 43,000 acres of land in Franklin, Williamson and Saline Counties, in Illinois. BPI sought declaratory relief and an injunction allowing it to continue producing coalbed methane gas from the leasehold, along with damages relating to its loss of use of a portion of the land. Colt counterclaimed against BPI for declaratory and injunctive relief, and damages. On June 23, 2006, the parties reached a settlement and agreed to dismiss the case.
BPI Energy, Inc. v. Colt LLC, et al., Case No. 1:06-CV-144-MHW (S.D. Ohio)