26-Step Mechanical Framework For Interpreting Deeds?
Texas courts reject "mechanical" deed interpretation while creating a 26-step framework. Bush v. Yarborough reveals the irony of structured analysis disguised as flexible law.
Producer’s Edge
TEXAS OIL AND GAS LAW BULLETIN
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Supreme Court of Texas Washes Out the “Anadarko Washout”
If your co-tenant drills the well… does your lease still live? The Texas Supreme Court just tackled a high-stakes question that’s shaken up oil and gas titles across the state.
Plain Language Meets Common Sense: Hidden Traps in Oil Patch Contract Interpretation
What happens when a court reads your contract literally for one issue but decides what 'makes sense' for another? A geophysicist just found out.
Unclear Jury Instructions Allow for Various Interpretations
Lario Oil & Gas Co. v. Black Hawk Energy Services, Ltd. highlights the importance of carefully drafting jury instructions and questions.
Texas Business Court Weighs Jurisdiction over Out-of-State Property Interests
When can a Texas court rule on New Mexico property disputes? The answer hinges on whether the property interest is 'central' or just 'incidental' to the real fight.
Are Statute of Limitations Battles Becoming the New Frontline in Water Injection Cases?
When your neighbor's wastewater tanks your oil wells, when exactly can you sue? A Texas court wrestles with a timing question reshaping industry battles.
Clifton v. Johnson: The Texas Supreme Court Puts Some Guardrails on Van Dyke
The Texas Supreme Court's Clifton v. Johnson decision delivers the clearest guidance yet on when the Van Dyke floating royalty presumption can be overcome.
The Texas Business Court Continues to Stress the Importance of Properly Pleading Facts to Support Your Cause of Action
The Texas Business Court's latest opinion in Enosis Investments v. Jensen delivers another clear message: insufficient pleading will sink your case — before it ever reaches trial.
Producer's Edge: Volume 8, Issue 1
The latest issue of Producer’s Edge delivers concise, practical insight on the legal developments shaping today’s oil & gas industry.
Texas Business Court Clarifies Amount in Controversy Calculation for Periodic Royalty Claims: Lessons from Black Mountain SWD v. NGL Water Solutions Permian
In Black Mountain SWD, LP v. NGL Water Solutions Permian, LLC, the Texas Business Court held that for breach-of-contract claims seeking unpaid royalties, the amount in controversy is limited to actual accrued damages at filing—not the lifetime value of all potential royalties.
From Waste to Wealth: Cactus Water Services V. Cog Operating and the Coming Storm of Produced Water Litigation
The Texas Supreme Court in Cactus Water v. COG ruled produced water belongs to the mineral lessee unless leases expressly state otherwise. But Justice Busby’s concurrence highlights unresolved issues—royalties, lithium rights, and reuse—signaling a wave of future litigation.
The Challenge of Quantifying Drainage Damages
Claims for full royalty from a hypothetical offset well no longer hold under Texas law. After Coastal Oil, lessors must prove—through complex expert evidence—the specific royalty actually lost, not speculative windfalls, giving lessees significant leverage in drainage disputes.