Introducing Producer's Edge: Volume 6, Issue 2
Producer’s Edge, Volume 6, Issue 2, brings you regulatory developments, and industry trends tailored for the oil and gas sector.
Producer’s Edge
TEXAS OIL AND GAS LAW BULLETIN
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Who Owns the Void? Oral Arguments at SCOTX Regarding Underground Storage Rights
The Texas Supreme Court heard oral arguments last week in a case that could substantially clarify, or even fundamentally reshape, the characterization and ownership of underground storage rights in Texas.
New Business Courts: Strategic Considerations for Oil and Gas Counsel
The Texas Business Courts will potentially impact a wide range of cases, from high-value contract disputes to intricate corporate governance issues.
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.
Royalty Recoupment: Operator's Primer for Recovering Overpayments
For oil and gas operators, few things are more frustrating than discovering you may have been overpaying royalties to a person or entity in your paydeck.
Texas Supreme Court: Executive Duty Breached by Refusing to Lease
Texas Outfitters, Ltd., LLC v. Nicholson, 572 S.W.3d 647 (Tex. 2019) The Texas Supreme Court recently issued its opinion in Texas Outfitters v. Nicholson, addressing the duties an executive mineral owner owes to non-executive owners. The case focused on when an executive owner has a duty to sign...
Post-Production Cost Fights Continue: Supreme Court Holds the Phrase “Into the Pipeline” Set a Valuation Point for “Amount Realized” Royalties
In Burlington Resources, the Texas Supreme Court held that an oil and gas royalty assignment that required the royalty to be delivered “into the pipeline” permits the payor to deduct post-production costs from the royalty owners’ payment, even if the agreement purports to prohibit such a deduction.
Offset Obligations: Court Holds Offset Obligation Not Dependent on an Expectation of Profit or Actual Drainage
Bell v. Chesapeake Energy Corp, 2019 Tex. App. LEXIS 1978, 2019 WL 1139584 (Tex.Civ.App.—San Antonio, 2019, no pet) In the last edition of Producer’s Edge, we surveyed several recent offset cases. Those cases illustrate that horizontal shale plays have brought several unique twists and complications, which...
Supreme Court Splits Over Use of Expert Testimony and Other Extrinsic Evidence When Construing Obligations in Oil and Gas Agreements
On June 28, 2019, a divided Texas Supreme Court issued its opinion in Barrow-Shaver Resources Company v. Carrizo Oil & Gas, LLC, a decision that will impact what evidence a court can consider in oil and gas contract disputes and possibly how oil and gas agreements are negotiated and drafted.
Producer's Edge: Volume 1, Issue 2
McGinnis Lochridge's Oil & Gas Newsletter: Producer's Edge keeps clients informed about Texas oil and gas case law, regulatory updates, and insightful articles relevant to the oil and gas community. In this edition, we present several insightful articles, including an article covering the recent Barrow-Shaver opinion...
Ratification Issue Did Not Provide Path to Attorneys’ Fees
M & M Res., Inc. v. DSTJ, LLP, 2018 Tex. App. LEXIS 9331 (Tex.Civ.App.—Beaumont 2018, no pet.) Plaintiffs in title disputes sometimes will allege a claim under the Declaratory Judgment Act in order to seek attorneys’ fees. In this case, the court held that the claim could...
