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Force Majeure Clause Fails to Protect Oil and Gas Lessee From Mistakenly-Scheduled Deadline

The Energy Law

In compliance with that obligation, MRC created a drilling schedule listing June 2, 2017 as the spud date of a new well based on its belief that the deadline to spud that well was June 19, 2017. The actual deadline, however, was May 21, 2017.

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Who Owns the Void? Oral Arguments at SCOTX Regarding Underground Storage Rights

Producer's Edge

The Texas Supreme Court heard oral arguments last week in a case that could substantially clarify, or even fundamentally reshape, the characterization and ownership of underground storage rights in Texas. The case was Myers-Woodward v. The case remains pending before the Texas Supreme Court on petition for review.

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Trans Energy Settlement Shows Need for E&P Wetlands Compliance Strategy

The Energy Law

The most recent versions of the NWPs were reissued in 2012, and they will be valid for five years, until March 18, 2017. The Louisiana Department of Environmental Quality has issued water quality certification (PDF) for NWP-12 without conditions, but it will issue such certification for NWP-39 only on a case-by-case basis.

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EPA’s New Audit Program for New Owners of Upstream Oil and Natural Gas Facilities

The Energy Law

In most cases, new owners will have nine months from the date of acquisition to notify EPA of their interest in participating in the program. That scope will then drive the schedule for completing the audits and corrective action, which will be set forth in the customized audit agreement between the new owner and EPA.

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Louisiana Supreme Court Denies Writ Application in XXI Oil & Gas v. Hilcorp

The Energy Law

On March 24, 2017, the Louisiana Supreme Court declined to consider the Louisiana Third Circuit Court of Appeal’s decision in XXI Oil & Gas v. 8] In addition, some argued that the penalty only applied to drilling and completion costs prior to the establishment of production from a unit well. [9] of natural gas in future cases.

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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

On June 2, 2017 the Louisiana Second Circuit Court of Appeal affirmed a trial court’s judgment cancelling a mineral lease under Mineral Code article 140 and provided further clarity on a production in paying quantities analysis under Louisiana Mineral Code article 124. [1] 1] The dispute in Gloria’s Ranch, L.L.C. Tauren Exploration, Inc.

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Louisiana Second Circuit Addresses: (1) Creation of Mineral Servitudes Via Notarial Acts of Correction; (2) Obstacles Suspending the Prescription of Nonuse from Running Against Mineral Servitudes; and (3) Payment of Court Costs in Concursus Actions

The Energy Law

1] In the case, an operator initiated a concursus action seeking to resolve ownership interest in minerals underlying property on which it was operating. 31:59 (2017)). [24] Flat River Farms, L.L.C. , Here, it is clear from the language of the statute that a notarial affidavit of correction may correct only a “clerical error.”

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