The Energy Law

JANUARY 28, 2022

QEP owned a mineral lease cover­ing Plaintiffs’ property, but because it wanted to transport off-site gas across their property, QEP also ob­tained a pipeline servitude across Plaintiffs’ land. Even if the proceeds of the gas were considered a “fruit,” the court found the proceeds were not a fruit of anything Plaintiffs owned.

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Adrian - Oil & Gas

AUGUST 14, 2023

Against all odds, a Montana state judge sided today with 16 young activists in the countrys first ever constitutional climate case. Full article: Game-changer: judge rules in favor of young activists in US climate trial

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The Energy Law

MAY 5, 2023

2023), the Texas Supreme Court held that the lessee could not invoke a force majeure clause to save its oil and gas leases when it inadvertently scheduled its operations to begin after the requisite deadline. The lessee, MRC Permian Company, received four identical oil and gas leases from certain lessors in 2014.

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The Energy Law

JANUARY 2, 2020

In May 2018, oil and gas industry defendants removed a docket of 42 cases alleging violations of Louisiana’s coastal zone management laws to federal court in the Eastern and Western Districts of Louisiana (“CZM cases”). Auster Oil & Gas Incorporated, et al. (“ Auster ”), No. 18-677, 2019 WL 4734394 (W.D.

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The Energy Law

OCTOBER 19, 2020

Additionally, a motion to recuse was filed to remove Justice Crain from the case. Justice Crain had been previously removed from a case involving the Talbot, Carmouche, and Marcello law firm; however, in this case, the Louisiana Supreme Court denied Plaintiff’s request, allowing Justice Crain to consider the writ application.

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The Energy Law

MARCH 15, 2023

The lessees owned working interests in certain oil and gas leases that were executed in 2007. Sheppard , — S.W.3d 20-0904, 2023 WL 2438927 (Tex. The leases contained the following royalty provisions: 3. NationsBank”, 939 S.W.2d 2d 118 (Tex. 1996) and “Judice v. Mewbourne Oil Co.”, 2d [133,] 135-36 (Tex.

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The Energy Law

JUNE 2, 2020

In two companion cases, a panel of the United States Court of Appeals for the Ninth Circuit decided whether a federal district court could properly exercise jurisdiction over climate change suits brought against energy companies by cities and counties in California. In City of Oakland et al. BP PLC et al. 1442(a)(1).

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The Energy Law

JUNE 12, 2017

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. 035 cents per mcf.

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The Energy Law

DECEMBER 29, 2008

by April Rolen-Ogden This case involved a suit by an unleased landowner against an oil and gas unit operator seeking unpaid production proceeds. The landowner owned a portion of a small tract of property, which was included in an oil and gas production unit that was apparently being operated by the defendant, Cedyco.

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The Energy Law

OCTOBER 23, 2009

the Louisiana Supreme Court held that a plaintiff is not required, pursuant to Article 136 of the Louisiana Mineral Code, to provide a defendant with pre-suit written notice and an opportunity to perform prior to a judicial demand for property restoration related to oil and gas production contamination. Hilcorp Energy Co.,

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The Energy Law

JUNE 3, 2019

That case is one of forty-two Coastal Zone Management Act (“CZMA”) cases that were removed to Federal court in May 2018. The cases were removed to Federal court by Defendants pursuant to 28 U.S.C. Riverwood Production Co., 1442 (the federal officer removal statute) and 28 U.S.C.

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The Energy Law

OCTOBER 4, 2018

In August 2018, dry natural gas production from the Haynesville shale averaged 6.774 billion cubic feet per day, which is the highest daily Haynesville production average since September 2012 when production averaged 6.962 billion cubic feet per day. August 2018 was not an anomaly. 9/22/10); 48 So. 3d 341, 342-43.

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The Energy Law

OCTOBER 19, 2020

Additionally, a motion to recuse was filed to remove Justice Crain from the case. Justice Crain had been previously removed from a case involving the Talbot, Carmouche, and Marcello law firm; however, in this case, the Louisiana Supreme Court denied Plaintiff’s request, allowing Justice Crain to consider the writ application.

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The Energy Law

APRIL 3, 2023

Although the bill expressly provides that “[a] renewable energy lease is not a mineral lease,” the proposed legislation contains a number of provisions that are either identical or substantially similar to the Louisiana Mineral Code articles governing mineral leases. An identical provision exists in the Mineral Code.

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The Energy Law

APRIL 17, 2019

In a victory for the oil and gas industry, the Third Circuit rendered a decision rejecting attempts by the Louisiana Department of Revenue to impose severance taxes on crude oil production based on index pricing. The attorneys involved in Avanti case are Cheryl Kornick , James Exnicios , Robert Angelico , and R.J.

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The Energy Law

AUGUST 4, 2023

Those leases granted COG the exclusive right to produce “oil and gas” or “oil, gas and other hydrocarbons.” In 2019 and 2020, the property’s surface owners transferred all of their water rights to Cactus, including the right to any water produced from oil and gas wells.

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The Energy Law

FEBRUARY 3, 2021

Delaware Basin Resources LLC , 08-20-00060-CV, the Court of Appeals for the Eighth District of Texas (El Paso) recently held oral argument on the proper construction of the word “and” used in a Delaware Basin oil and gas lease. When the primary term ended in February 2017, DBR had drilled on Section 6, but not on Section 2.

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The Energy Law

JUNE 29, 2023

3d 492, which addressed similar issues in the context of oil and gas assets, did not apply. 1] In doing so, the Third Circuit affirmed the constitutional and statutory authority of the Tax Commission to correct assessment that, as in this case, did not properly reflect the fair market value of the pipeline system.

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The Energy Law

JUNE 21, 2022

The carbon credit market continues to evolve as oil and gas companies face increasingly stringent regulations to reduce greenhouse gas emissions. The EPA estimates that there are over 3 million known abandoned and orphaned oil and gas wells (AOOG wells) in the United States. million vehicles per year.

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The Energy Law

MARCH 31, 2021

While the Court is no stranger to interpreting (and often muddling) the familiar royalty clause interpretation questions surrounding the first issue, in a case of first impression, the Court also analyzed the breadth of a lease’s free-use clause. Burlington Resources Oil & Gas Co., the use of gas. 3d 198, 211 (Tex.

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The Energy Law

MARCH 29, 2021

QEP Energy Company , the Western District of Louisiana rejected, for the second time in this case, Plaintiffs’ claims seeking a disgorgement of QEP’s profits. As to Plaintiffs’ claim under the Civil Code articles on accession, the District Court found those articles could not lead to an award of disgorgement.

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The Energy Law

JANUARY 15, 2020

Lawsuits against fossil fuel companies: Investor Fraud Lawsuits: The first category of climate change litigation alleges that oil and gas companies defrauded investors by falsely stating that the company had fully considered the risks of climate change regulation and had factored those risks into its business operations.

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The Energy Law

JANUARY 26, 2016

In Louisiana, as in most jurisdictions, production of oil or gas must be in “paying quantities” to maintain a mineral lease beyond its primary term. [1] 1] Louisiana Mineral Code article 124; Menoah Petroleum, Inc. 2003) (citing Louisiana Mineral Code article 124). [3] West Virginia Oil & Gas Co. ,

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The Energy Law

MAY 6, 2016

The residents of Longmont, Colorado voted in 2012 to add Article XVI to the City’s home-rule charter. The Article prohibited fracking and the storing or disposing of wastes created by fracking within the City’s limits. Colorado Oil and Gas Association , 2016 CO 29, P. Oil and Gas Ass’n , 16 CO 28 (Colo. In 2014, St.

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The Energy Law

MARCH 31, 2021

While the Court is no stranger to interpreting (and often muddling) the familiar royalty clause interpretation questions surrounding the first issue, in a case of first impression, the Court also analyzed the breadth of a lease’s free-use clause. Burlington Resources Oil & Gas Co., the use of gas. 3d 198, 211 (Tex.

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The Energy Law

MARCH 31, 2022

In the original Johnson decision, the district court sent shockwaves across the oil and gas industry in Louisiana by finding that post-production costs were not properly deductible against proceeds owed to unleased mineral owners. Earlier information about this case can be found here. *In Chesapeake.

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The Energy Law

JUNE 22, 2021

3d—, the Louisiana First Circuit recently reaffirmed well-settled principles regarding prescription and the subsequent purchaser doctrine in Louisiana legacy cases. In this case, Lexington Land sued Chevron U.S.A., This opinion reinforces several key concepts in legacy cases. 5/25/21), 2021 WL 2102932, —So.

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The Energy Law

MAY 4, 2023

RUE grants are authorizations from BOEM to use a portion of the seabed not encompassed by the holder’s lease to construct, modify, or maintain platforms, artificial islands, facilities, installations, and other devices that support exploration, development, or production of oil and gas or other energy resources from another lease.

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The Energy Law

FEBRUARY 3, 2021

Delaware Basin Resources LLC , 08-20-00060-CV, the Court of Appeals for the Eighth District of Texas (El Paso) recently held oral argument on the proper construction of the word “and” used in a Delaware Basin oil and gas lease. When the primary term ended in February 2017, DBR had drilled on Section 6, but not on Section 2.

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The Energy Law

JULY 1, 2021

In the landmark oilfield remediation case Corbello v. Iowa Production , landowners sued oil and gas companies for breach of a mineral lease. After the LL&E I decision, the case went to trial in 2015. Louisiana Land and Exploration Co., 2020-00685 (La. 6/30/2021); — So. 3d — (“ LL&E II ”). [1]. 2d 686 (La.

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The Energy Law

APRIL 4, 2019

Environmental Protection Agency (EPA) announced it had finalized a voluntary disclosure program for new owners of upstream oil and natural gas exploration and production facilities. 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.

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The Energy Law

MARCH 27, 2020

Coupled with the recent decline in oil and gas prices, many operators are left scrambling in an attempt to navigate unprecedented circumstances. However, Conservation stated that does have the authority to grant extensions and deferments on a case-by-case basis and currently utilizes this authority.

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The Energy Law

MARCH 17, 2022

The December 15, 2017 letter also expressly identified Kelly as an “[u]nleased [o]wner of oil and gas interests” and identified the units operated by Aethon, along with the names and serial numbers of wells operated by Aethon. As such, the Fifth Circuit reversed the district court and ruled in favor of Kelly on its forfeiture claim under La.

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The Energy Law

MARCH 29, 2021

QEP Energy Company , the Western District of Louisiana rejected, for the second time in this case, Plaintiffs’ claims seeking a disgorgement of QEP’s profits. As to Plaintiffs’ claim under the Civil Code articles on accession, the District Court found those articles could not lead to an award of disgorgement.

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The Energy Law

MAY 18, 2021

. § 1447(d), a provision that specifically authorizes interlocutory appeal of an order remanding a case removed pursuant to the federal officer removal statute. The energy companies removed Baltimore’s case to federal court asserting several bases for federal court jurisdiction, one of which was federal officer jurisdiction.

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Producer's Edge

DECEMBER 3, 2024

This article discusses a couple more cases in 2024. In each of these cases, one side successfully argued that the Van Dyke presumption applied, and the other side unsuccessfully argued that it was rebutted. Many anticipate that double-fraction cases will continue to steadily flow through Texas courts for the foreseeable future.

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Producer's Edge

NOVEMBER 1, 2024

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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