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.
Producer’s Edge
TEXAS OIL AND GAS LAW BULLETIN
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Who Owns the Empty Space? Texas Supreme Court Affirms Surface Ownership of Salt Caverns in Landmark Ruling
Who owns the void left behind after millions of tons of salt are mined - and can it be used for someone else’s storage business? The Texas Supreme Court just drew the line.
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.
COPAS Accounting Procedures: Key Litigation Perspectives
To many oil and gas lawyers the COPAS accounting procedure is sometimes an afterthought. But, in the context of JOA disputes, whether or not directly involving accounting issues, the COPAS procedure can have a critical impacts.
Can Emails Form a Purchase Contract? Texas Supreme Court Tackles the Issue in Two Recent Cases
In response to COVID-19, many companies and their employees have quickly shifted to a “work from home” model. Even though email has been a large part of business for decades, the new “remote” reality has only increased our reliance on electronic communications. In a pair of recent cases, the Texas...
Appellate Court Holds that “Shall Not Affect” and “Other Benefits” Language Reserved the Entirety of Royalty Interest
WTX Fund, LLC v. Brown, No. 08-17-00104-CV, 2020 Tex. App. LEXIS 94 (Tex. App.—El Paso Jan. 8, 2020, pet. filed) In WTX Fund v. Brown, the El Paso Court of Appeals reviewed a dispute as to whether language in a 1951 mineral deed was sufficient to reserve a royalty...
Appellate Court Holds that “Blanket Easement” for Multiple Pipelines Did Not Require Single Route Across Property
Atmos Energy Corp. v. Paul, No. 02-19-00042-CV, 2020 Tex. App. LEXIS 1926 (Tex.App.-Ft. Worth, Mar. 5, 2020, no pet.) In this case the Fort Worth Court of Appeals held that a “blanket easement” for multiple pipelines did not require the grantee to lay the additional pipelines along the...
Appellate Court Holds that MSA Provision Acts as Enforceable De Facto Mineral Lien Waiver
The Fourteenth Court of Appeals in Houston held that provisions within a master service agreement, stating that a subcontractor could only seek payment or damages exclusively from the contractor, were effective to preclude...
Federal Court Examines Jurisdictional Reach Over Outer Continental Shelfs
Following removal from State Court, the Plaintiff challenged the federal trial court’s jurisdiction over the Plaintiff’s personal injury claim.
Recent Global Events and the Increased Importance of the Reasonably Prudent Operator Standard
Given the recent historic developments of the global pandemic and the dramatic drop in oil prices, the oil and gas industry is facing new issues never before encountered at this magnitude.