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.
Challenge to Bankruptcy Asset Sale Held “Moot” Without Stay or Uncertainty
The United States Fifth Circuit recently delivered a victory for parties both Debtors in bankruptcy and purchaser of property from the Debtors’ estate by affirming that...
Cases Filed Before September 1, 2024 Cannot Be Removed to the Business Court As a Matter of Law
In a landmark oil and gas ruling, the Texas Business Court held that only cases filed on or after Sept. 1, 2024, may be removed under H.B. 19, rejecting retroactive application and clarifying the statute’s prospective scope.
Waiver of Arbitration in JOA Dispute
A non-operator waived its right to compel arbitration under a JOA by litigating the merits for nearly four years and moving to compel arbitration just a month before trial in a JIB payment dispute with the operator.
Producer's Edge: Volume 6, 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. Download the eighth issue of Producer's Edge here....
Are PSA/Allocation Wells “Pooling By Another Name”?
The current answer to this question is no. In R.R. Comm’n of Tex. v. Opiela, the Austin Court of Appeals concluded that PSA/allocation wells are not the same as pooling under Texas law.
Offshore Wind in the Gulf of Mexico
The United States Department of the Interior recently proposed a second offshore wind energy auction in the Gulf of Mexico after the first auction generated a high (and single) bid of $5.6 million.
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