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.
Map Disputes and Damage Waivers: A Closer Look at ETC Tex. Pipeline v. XTO Energy
In this recent case, the Eastland Court of Appeals considered whether a gathering and processing agreement’s dedication provisions were void under the statute of frauds and whether broad contractual damage waivers barred recovery of both direct and indirect lost profits.
Grubb Report: Quickly Assessing Your Needs in an Offshore Dispute
When an operator or record title holder is required to decommission offshore assets, many assume that other and prior record title holders will pay their “fair share” of decommissioning costs.
Tips for Mediating Your Next Oil & Gas Dispute
Mediation has become an indispensable tool in Texas, allowing many lawsuits to be processed faster, more accurately and more economically. Over the last 25- years, the costs of litigation and the time to reach trial have increased exponentially.
Municipal Drilling Zones: Insights from Arlington v. City of Arlington
The court held that approving a drilling zone on non-city land didn't violate Local Gov’t Code § 253.005(c), which only applies to municipal leases. It also found the City Council has authority under the Unified Development Code to adjust drilling zones for public welfare.
Semicolons and Savings Clauses: How One Court Preserved Pandemic-Shut-In Leases
A lessee under 16 non-standard leases resumed production after a brief pause without drilling or reworking. The court held the leases didn't terminate due to the continuous development clause and interpreted the habendum clause as allowing production to resume without new operations.
Can a Production Sharing Agreement Override Surface Owner Consent? Hamilton v. ConocoPhillips Explored
A landowner’s failure to provide consent for surface use related to oil and gas operations does not necessarily preclude the lessee from conducting activities if the lease agreements allow surface use.
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