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.
Plain Language Meets Common Sense: Hidden Traps in Oil Patch Contract Interpretation
What happens when a court reads your contract literally for one issue but decides what 'makes sense' for another? A geophysicist just found out.
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.
Texas Business Court Weighs Jurisdiction over Out-of-State Property Interests
When can a Texas court rule on New Mexico property disputes? The answer hinges on whether the property interest is 'central' or just 'incidental' to the real fight.
Are Statute of Limitations Battles Becoming the New Frontline in Water Injection Cases?
When your neighbor's wastewater tanks your oil wells, when exactly can you sue? A Texas court wrestles with a timing question reshaping industry battles.
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.
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,...
Producer's Edge: Volume 1, Issue 1
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 first edition, we highlight several recent Texas oil and gas cases. We also highlight...
Can A Driller Trespass While Fracking On Its Own Lease? Partner Don Jackson Discusses Underground Trespass in Law360
In his article published in Law360, Don Jackson examined the key issue in Briggs v. Southwestern Energy Prod. Co., currently pending before the Pennsylvania Supreme Court.
Appellate Court Holds that Landowner’s “Course of Dealing” Leads to Waiver
In June 2018, the Dallas Court of Appeals issued its memorandum opinion in Tollet v. Surface, holding that an ambiguous royalty provision in a groundwater lease, when read in light of the parties' course of dealings, allowed the lessee to make royalty payments once per month with a 90-day...
