CGT determines that natural gas located in its Richland County storage reservoir is escaping and being produced through an adjacent well. It requests an amendment to its certificate of public convenience and necessity to expand the boundaries of the storage reservoir and the protective area that includes the acreage where the allegedly offending well is located. CGT men files this condemnation action pursuant to the Natural Gas Act to condemn the necessary storage easements under 15 U.S.C. § 717f(h). The producer files a counterclaim for trespass based on the alleged migration of CGT's stored gas to its leasehold. CGT moves to dismiss the counterclaim. The court rejects CGT's claim that the Natural Gas Act preempts state law claims for trespass because the trespass occurred prior to the filing of the eminent domain action. The court also rejects CGT's argument that the producer did not allege all of the common law elements for a civil trespass under Ohio law. A general claim for damages at the pleading stage is sufficient. Finally, the court rejects CGT's argument that FRCP 71.1, which governs condemnation proceedings does not authorize the filing of counterclaims. While 71.1 does prohibit the filing of other pleadings, a counterclaim is not a pleading but rather a claim within a pleading that Rule 71.1(e)(2) permits.
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