On Friday, January 6, 2017, the Texas Supreme Court issued its long-awaited opinion in Denbury Green Pipeline–Texas, LLC v. Texas Rice Land Partners, Ltd. (“Texas Rice II”), ((15-0225, 2017 WL 65470 (Tex. Jan. 6, 2017).)) holding that: 1. Denbury’s evidence of a post-construction transportation agreement with an unaffiliated...
Texas House Bill 2207, effective January 1, 2016, statutorily subordinates certain real estate mortgages to oil and gas leases, introducing an interesting tweak to the long-standing and well-established "first in time, first in right" rule. However, this statute is not without its limitations. For example, it only applies...
Originally appearing in the Energy Expert Analysis Section of Law360. Law360, New York (September 25, 2015) -- Over the last five years, American shale production has more than tripled. Since last October, however, the oil and gas industry has trudged through a long and pronounced slump in crude oil prices...
On September 21, 2015, the North Dakota Supreme Court issued its opinion in Border Res., LLC v. Irish Oil & Gas, Inc., – N.W.2d -—, 2015 WL 5519421, 2015 ND 238 (N.D. 2015), where it reviewed two primary issues: (1) whether a field land services company owed a...
The Texas Supreme Court recently granted Coyote Lake Ranch's petition to review an opinion by the Amarillo Court of Appeals in Lubbock v. Coyote Lake Ranch, holding that the "Accommodation Doctrine" does not apply to the relationship between a surface owner and the owner of a...
Texas Case Law Update: On August 5, 2015, the San Antonio Court of Appeals released its opinion in ConocoPhillips Company v. Vaquillas Unproven Minerals, Ltd., (( No. 04-15-00066-CV (San Antonio – August 5, 2015). )) affirming the trial court’s order declaring ConocoPhillips breached two oil and gas leases in Webb County by...
