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Texas Supreme Court Holds that References to “One-Eighth” in Old Oil and Gas Conveyances Presumptively Refer to the Entire Mineral Estate

The Energy Law

According to the Court, the estate-misconception theory was so prevalent in instruments in and around 1924—the time of the deed at issue—that “courts have taken judicial notice of this widespread phenomenon.” But the history of oil and gas conveyances in Texas shows why this has become such a challenging issue for the state’s judicial branch.

Royalty 98
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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.

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United States Supreme Court Halts OSHA COVID-19 Vaccine-or-Test Rule, But Allows CMS Healthcare Worker Vaccine Mandate to Stand

The Energy Law

Privacy Policy: By subscribing to Liskow & Lewis’ E-Communications, you will receive articles and blogs with insight and analysis of legal issues that may impact your industry. draw[ing] no distinctions based on industry or risk of exposure to COVID-19.”

E&A 98
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One Man’s Waste is Another Man’s Treasure: Texas Appellate Court Holds that Produced Water Belongs to Mineral Owners

The Energy Law

In response, the Texas Legislature passed Texas Natural Resources Code § 122.002 on September 1, 2019, which grants title to produced water to whoever takes possession of it for the purpose of treating it for subsequent beneficial use, unless a conveyance instrument expressly provides otherwise. But more than minerals are released.

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Solar Leasing in Louisiana: Who to Lease?

The Energy Law

If the target tract of land is potentially community property, it would be prudent to have both spouses execute the lease and any subsequent instruments. This blog post is the first in a series of blog posts that will discuss some of the nuances of Louisiana property law relating to solar leasing.

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Department of Interior Takes Steps to Update Offshore Wind Regulatory Scheme

The Energy Law

First, Interior issued a Final Rule, which reassigns the responsibilities for certain regulations governing offshore wind from BOEM to BSEE. This reassignment aligns the wind regulatory process more closely with the oil and gas framework in terms of the division of responsibility between the two sub-agencies.

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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

Flat River Farms, L.L.C. , the Louisiana Second Circuit addressed issues affecting the creation and preservation of mineral servitudes and payment of court costs in a concursus action. [1] 1] In the case, an operator initiated a concursus action seeking to resolve ownership interest in minerals underlying property on which it was operating.

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