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.
The 1989 JOA: Horizontal Modifications and Other Crucial Updates
The 1989 JOA is one of the most common O&G forms. However, updates are need in response to 25 years of case law and continually evolving custom & practice. Introduction As we discussed in the last article pertaining to Oil and Gas Joint Operating Agreements, the JOA is...
Introduction to Joint Operating Agreements
The joint operating agreement (“JOA”) is the most commonly used instrument in the oil and gas industry, surpassed only by the oil and gas lease. In essence, a JOA provides the contractual basis for the cooperative exploration, development, and production of oil and gas properties among multiple leasehold cotenants. By...
Wyoming: Can Lessees Pool Overriding Royalty Interests?
There is a debate among Wyoming oil and gas attorneys, and I wanted to weigh in. Some (maybe even many) Wyoming lawyers believe an overriding royalty interest simply cannot be pooled in Wyoming without the owner's direct and express consent. Of course, this is only a debate in...
Legalese: Standard Interpretive Boilerplate
"Legalese Schmegalese." I first started reviewing contracts back in my days working with TIC Wyoming, Inc., a subsidiary of the Kiewitt Corporation, reviewing large scale heavy industrial construction contracts for construction jobs such as oil refineries, natural gas compressor stations, and coal mine facilities. I'll be...
Farmout Agreements: Key Decisions and Negotiation Points
Introduction As I stated in my Part One of my Farmout Agreement Series, farmout agreements can be somewhat less "straight-forward" than other common oil and gas agreements. Contracts, Leases, JOA's, for example, are each highly standardized and have one or more publishers of highly-adopted forms. Farmout...
Where the Use of Forms Goes Wrong
The Proliferation of Forms: The wide-spread use of forms in the oil and gas industry has created nothing short of a revolution in allowing land professionals to expedite the process of putting complex agreements in place. Additionally, this "forms culture" has dramatically helped to ensure excellent quality legal...
