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Texas Supreme Court Holds that Add-Back Provision in Oil and Gas Lease Required Royalties to be Paid on Prices in Excess of the Producers’ Gross Proceeds

The Energy Law

The Texas Supreme Court recently released its opinion in Devon Energy Production Company, L.P. 2023), in which it held that lessees owed royalties in excess of their gross proceeds, specifically “adding back” costs incurred by third-party buyers that were enumerated in the sales contract and subtracted from the sales price.

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MMS Proposes Royalty Relief Amendments

The Energy Law

Hunter MMS has announced proposed amendments to its deep gas royalty relief regulations under the Energy Policy Act of 2005. MMS will accept comments on the proposed rule through July 17, 2007. MMBtu expressed in 2006 dollars. Click here to read the Notice.

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Louisiana Operators Are Not Responsible For Making Non-Participants’ Royalty Payments Before Payout

The Energy Law

By Dana Douglas The Louisiana First Circuit Court of Appeal recently held that an operator is not responsible for payment of a non-operator’s royalties and overriding royalties before payout. Clayton WIlliams Energy Inc. 2007 WL 1651090 (La. In Gulf Explorer, LLC v. The court held that, because La.

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Federal Court Upholds Mandatory Deep Water Royalty Relief

The Energy Law

The court ruled that Interior’s price threshold clauses unlawfully deprived Kerr-McGee of the statutory right to produce minimum volumes of oil and gas royalty-free, as mandated by Congress in the Outer Continental Shelf Deep Water Royalty Relief Act of 1995. CLICK here to view the decision

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Louisiana Second Circuit Provides Clarity on Production in Paying Quantities and Affirms Lease Cancellation Under Mineral Code Article 140 for Failure to Pay Royalties

The Energy Law

3] Tauren subsequently assigned a 49% interest in the lease to Cubic Energy, Inc. 4] In 2007, Fossil Operating, Inc. 10] Gloria’s Ranch amended its petition to include a claim for failure to pay royalties on production in Section 15 (from the unit well drilled by Chesapeake). between May 2007 and February 2010. [20]

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Texas Appeals Court Interprets Mineral Conveyances

The Energy Law

04-05-00904-CV, 2007 WL 460648 (Tex. 14, 2007). Morris Resources, Ltd., Hamilton v. Morris Res., San Antonio Feb.

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Court Addresses Sufficiency of Demand Letter Under Mineral Code Articles 212.21-23

The Energy Law

CXY Energy, Inc. , 07-834, 2007 WL 4409686 (La. 12/19/07), the court addressed the payment of royalties and penalties under Mineral Code article 212.23(c) When defendant refused to assign the overriding royalty interest to the plaintiff, plaintiff brought action, inter alia , for penalties under Article 212.23(c).

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