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.
Assignment’s Definition of “Assets” Held Broad Enough to Include Lease Not Described
A winning strategy in an assignment interpretation case often involves finding a persuasive harmonization between the form of assignment and the exhibit containing property descriptions.
Exculpatory Clause Held Not to Cover Liabilities Knowingly Incurred Without Consent
Exculpatory provisions are important considerations in JOAs. They can provide protection from certain claims and liabilities as an inducement to serve as the operator.
SCOTX Reviews Force Majeure Issues in Continuous Development Case
In the wake of COVID and Winter Storm URI, the phrase “force majeure” has practically become a household term. But handling a force majeure dispute is not for the wary, as a variety of issues and complications can arise.
SCOTX Holds Unique Royalty Language Created "Proceeds Plus" Royalty Base
In this case, the Texas Supreme Court reviewed a “bespoke” oil and gas lease, and held that its “unique,” “unusual,” and “broad lease language” provided for a “proceeds plus” royalty base.
How Do Texas Courts Measure Contractual Periods?
How do Texas Courts measure contractual time periods? The answer can have a big impact on compliance and potential damages. In this Texas oil and gas case law update, we discuss the Texas Supreme Court's recent decision in Apache v. Apollo
SCOTX Adopts New Rebuttable Presumption Governing Double-Fraction Deed Cases
In this landmark case, the Texas Supreme Court reaffirmed its recognition of the so-called “estate misconception theory,” and created a new rebuttable presumption governing so-called “double fraction” deed interpretation cases.
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