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.
Unpacking Proximate Cause in SWD Failure
Saltwater disposal wells rarely fail, but when they do, a complex web of legal issues can arise, such as potential regulatory matters, and potential claims for surface or subsurface damages, among other related operational concerns. A recent SWD failure case dives into critical questions of...
Texas Supreme Court Rejects Forced Pooling of Riverbed Minerals
In this case, the Texas Supreme Court affirmed the Railroad Commission’s rejection of 16 applications to force pool a narrow winding tract of riverbed minerals with neighboring horizontal wells pursuant to the Texas Mineral Interest Pooling Act (“MIPA”).
Harmonizing Assignments and Exhibits
What happens when language in the body of an assignment of oil and gas interests conflicts with descriptions in the exhibits? Can limitations in the exhibit, such as depth references, supersede the operative granting language in the body of an agreement?
Can Letters of Intent Form Binding Purchase Contract?
Purchase and sale transactions often progress through several stages of instruments, like layers of an onion, before they reach the final definitive purchase agreement, and perhaps even more layers before they reach the final assignment and post-closing items.
Calling Dibs! Oil and Gas Security Interests and Texas’ Unique First Purchaser Statute
A security interest, under Texas’ version of the Uniform Commercial Code (the “Texas UCC”), is an interest in personal property or fixtures which secures payment or performance of an obligation. Real property is not subject to the Texas UCC.
The Continued Struggle to Rebut the Van Dyke Presumption
Following the Texas Supreme Court’s ruling in Van Dyke v. Navigator Group that courts interpreting “antiquated instruments” that use 1/8 within a double fraction must begin with the rebuttable presumption that 1/8 refers to the entire mineral estate, Texas courts have wrestled with its implications.
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