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.
Texas Supreme Court Cases to Watch in 2020
The trial court’s judgment, affirmed by the San Antonio Court of Appeals, held that the plaintiffs were contingent remaindermen of certain mineral interests.
Appellate Court Dissolves an Operator’s Injunction Against Town of Flower Mound
In this case, the Fort Worth Court of Appeals held that the trial court lacked authority to grant a temporary injunction against the Town of Flower Mound enjoining the enforcement of a local ordinance that limited truck traffic to and from well sites.
Disposal Well Operator Held Not to Be an “Affected Person” With Standing to Challenge Competitor’s Application for Disposal Well Permit
This case involves a dispute as to whether a competitor saltwater disposal well operator is an “affected person” under 16 Tex. Admin. Code §3.9(5)(E) and, thus, whether such competitor has standing to challenge an application for disposal well permit.
Mineral Buyer Unable to Demand Prior Unclaimed Royalties From Comptroller
In Enerlex, the Austin Court of Appeals held that a mineral buyer could not demand payment from the Texas Comptroller of Public Accounts for prior unclaimed royalty payments relating to the purchased royalty interest, because those royalty payments were turned over to the...
Texas Courts Continue to Analyze Oil and Gas Cases Under the Texas Citizen’s Participation Act
In this business torts case between pipeline monitoring companies, Houston’s First Court of Appeals held that the trial court erred by denying a motion to dismiss pursuant to the Texas Citizens Participation Act (TCPA).
Mineral Lien Claimant Must Establish Materials Were “Used In” Mineral Activities
In this case, the San Antonio Court of Appeals held that a mineral subcontractor claiming a mineral lien must conclusively establish that its labor, materials, machinery, and supplies were “used in” mineral activities, not merely “related to” mineral activities. The citation is ELG Oil, LLC v. Stranco Servs., LLC, No....
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