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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

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. The lessees owned working interests in certain oil and gas leases that were executed in 2007.

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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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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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Texas Appeals Court Interprets Mineral Conveyances

The Energy Law

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

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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

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] 3] Tauren subsequently assigned a 49% interest in the lease to Cubic Energy, Inc.

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Texas Court Subjects Override to Non-Consent Penalties

The Energy Law

BTA Oil Producers , No. 11-06-00029-CV, 2007 WL 865811 (Tex. Eastland March 22, 2007). James Boldrick is an assignee of an overriding royalty interest in property subleased to BTA. BTA sought a declaratory judgment that it has no obligation to account for the overriding royalty interest.

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Future Outlook for Subsurface Trespass Claims Against Third Party Purchasers of Minerals

The Energy Law

A recent decision from the Louisiana First Circuit Court of Appeal may have lasting effects on good faith purchasers of oil. In 2007, The Louisiana Commissioner of Conservation granted TMR a permit to drill for minerals on property not owned by Plaintiffs (collectively, the “Hills”). 31:210, and the registry mandate included therein.

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