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.
Correction Mineral Deed Ruled Ineffective Under “Material Correction” Statute
Yates Energy Corp. v. Broadway Nat’l Bank, No. 04-17-00310-CV, 2018 Tex. App. LEXIS 10517 (App.—San Antonio Dec. 19, 2018, no pet.) The San Antonio Court of Appeals recently analyzed the Texas Correction-Instrument Statutes in Yates v. Broadway. The court held that, if a grantor or grantee have conveyed...
"Accumulation” Clause in Continuous Development Provision Only Extended the Next 150-Day Term
Endeavor Energy Res., L.P. v. Energen Res. Corp., No. 11-17-00028-CV, 2018; Tex. App. LEXIS 8705 (Tex.App.—Eastland Oct. 25, 2018, pet. filed) The Eastland Court of Appeals recently issued its opinion in Endeavor v. Energen adopting a limited interpretation of an “accumulation” clause within a continuous development provision....
Texas Supreme Court Denies Review on Rolling/Snapshot Retained Acreage Case
Apache Deepwater, LLC v. Double Eagle Dev., LLC, 557 S.W.3d 650 (Tex. App.—El Paso 2017, pet. denied Dec. 14, 2018) Retained acreage provisions continue to be a popular subject in Texas oil and gas law. The Texas Supreme Court recently denied a petition for review in the...
Highway to Oil: Strip-And-Gore Leads to 30-Acres of Minerals Underlying a Highway
Green v. Chesapeake Expl., L.L.C., No. 02-17-00405-CV, 2018 Tex.; App. LEXIS 10307 (Tex. App.-Fort Worth Dec. 13, 2018, no pet.) In urban oil and gas plays such as the Barnett Shale, horizontal drilling has "paved the way" for oil and gas operators to drill through...
Texas Court Addresses the Use of Contract Operators
OBO, Inc. v. Apache Corp., 2018 Tex. App. LEXIS 8392, (Tex.Civ.App.-Houston [14th Dist.] 2018, no pet.) Parties to a joint operating agreement sometimes elect to have a non-owner serve as the operator. For example, interest owners may determine that they are unwilling or unable to perform the...
Four Recent Drainage and Offset Cases: A Texas Litigation Trend?
Three recent Texas cases have focused on the interpretation of express offset provisions in oil and gas leases. Over the last year, the Texas oil and gas industry has experienced what some commentators have called “Shale Boom 2.0,” with increased drilling activity in South Texas and the Permian Basin,...
