Appalachian Land Company v. EQT Production Company

Filing

Per Curiam OPINION filed CERTIFYING the following question of law to the Kentucky Supreme Court: Does Kentucky's "at-the-well-rule" allow a natural-gas processor to deduct all severance taxes paid at market prior to calculating a contractual royalty payment based on "the market price of gas at the well," or does the resource's at-the-well price include a proportionate share of the severance taxes owed such that a processor may deduct only that portion of the severance taxes attributable to the gathering, compression and treatment of the resource prior to calculating the appropriate royalty payment? Martha Craig Daughtrey, Circuit Judge; Karen Nelson Moore (PRESIDING), Circuit Judge and Jane Branstetter Stranch, Circuit Judge.