Production in Paying Quantities: Second Circuit Holds Lower Courts Must Consider All Relevant Factors, Not Just Profit
The Energy Law
MARCH 3, 2016
While not particularly groundbreaking, Middleton does provide further guidance to mineral lessees and litigators with respect to the relevant factors and time period considered in a paying quantities case. Specifically, courts must consider all relevant factors, not just profit, when determining whether production is in paying quantities.
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