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Texas Supreme Court Update: The Court Decides Issue of First Impression Related to the Scope of an Oil and Gas Lease’s

The Energy Law

By way of background, the lessor royalty owners originally entered into a form lease agreement in 2003; the lease provided that royalty payments were based on “the market value at the well.” Burlington Resources Oil & Gas Co., Randle , affirming in part and reversing in part the lower court’s ruling. 19-0459, 2021 WL 936175 (Tex.

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Texas Supreme Court Update: The Court Decides Issue of First Impression Related to the Scope of an Oil and Gas Lease’s Free-Use Clause and Further Interprets Conflicting Royalty Clause Provisions

The Energy Law

By way of background, the lessor royalty owners originally entered into a form lease agreement in 2003; the lease provided that royalty payments were based on “the market value at the well.” Burlington Resources Oil & Gas Co., Randle , affirming in part and reversing in part the lower court’s ruling. 19-0459, 2021 WL 936175 (Tex.

Royalty 52
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article thumbnail

Texas Supreme Court Update: The Court Decides Issue of First Impression Related to the Scope of an Oil and Gas Lease’s Free-Use Clause and Further Interprets Conflicting Royalty Clause Provisions

The Energy Law

By way of background, the lessor royalty owners originally entered into a form lease agreement in 2003; the lease provided that royalty payments were based on “the market value at the well.” Burlington Resources Oil & Gas Co., Randle , affirming in part and reversing in part the lower court’s ruling. 19-0459, 2021 WL 936175 (Tex.

Royalty 40
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Is the Frequency of Louisiana Environmental Quality Act Citizen Suit Litigation Increasing?

The Energy Law

In 2003, the Louisiana Supreme Court rendered its landmark decision in Corbello, et al. Legacy litigation claims generally concern alleged contamination arising from historic oil and gas operations under theories of both breach of contract and tort. Iowa Production, et al.

E&A 52
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Fifth Circuit to Hold Oral Argument in Sojitz v. UNOCAL in April 2020

The Energy Law

Union Oil Co. 2003) (“the regulations govern the parties’ joint and several liabilities vis-à-vis the Government not amongst themselves”) and Total E&P USA, Inc. Marubeni Oil & Gas (USA), Inc. , Sojitz Energy Venture, Inc. of California , 394 F. 3d 687 (S.D. Parker Drilling Co. , 3d 558, 563 (5th Cir. 3d 515, 530 (S.D.

Royalty 52
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Is the Frequency of Louisiana Environmental Quality Act Citizen Suit Litigation Increasing?

The Energy Law

In 2003, the Louisiana Supreme Court rendered its landmark decision in Corbello, et al. Legacy litigation claims generally concern alleged contamination arising from historic oil and gas operations under theories of both breach of contract and tort. Iowa Production, et al.

E&A 40
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COVID-19 as a Force Majeure? The Texas and Louisiana Perspectives

The Energy Law

A counter-example is Continental Oil Co. The Louisiana court found that this did not make the performance impossible but merely rendered it more difficult, burdensome, and unprofitable, causes which could not be excused. Courts are not entirely consistent on this point, however. Crutcher , 434 F.

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