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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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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The Energy Law

AUGUST 29, 2008

The Texas Supreme Court this morning issued its long-awaited decision in Coastal Oil & Gas Corp. The measure of damages for breach of the implied covenant to protect against drainage is the value of the mineral lost because of the lessee’s failure to act with reasonable prudence, and there was no evidence of such in this case; 3.

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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

AUGUST 8, 2017

A vigorous dissent by Judge Bleich warns that, if maintained, the original opinion could have both “[d]evastating economic repercussions” for the lending industry, and “[s]erious and harmful impact on the oil and gas industry.” Chief Judge Henry Brown, Jr., Chief Judge Henry Brown, Jr.,

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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

JUNE 12, 2015

By: Joe Norman , Kelly Becker , James Lapeze , and Kathryn Gonski Recently the Louisiana Supreme Court handed down a ruling that has significant implications on the oil and gas industry in the state. 3d 1209, the First Circuit considered directly the applicability of the subsequent purchaser doctrine in a case involving mineral leases.

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The Energy Law

APRIL 27, 2011

11, 2011), the Supreme Court of Texas reversed the Austin Court of Appeal’s finding that the Railroad Commission (the “Commission”) has to consider broad public safety concerns in the permitting of proposed oil and gas waste injection wells. The case involved a proposed oil and gas waste injection well in the Barnett Shale Area.

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The Energy Law

JANUARY 24, 2007

The case is noteworthy in that it was brought as a False Claims Act case by Bobby Maxwell, an auditor with the Mineral Management Service, who alleged that his superiors at the MMS refused to pursue his recommendation to demand additional royalties from Kerr McGee. Kerr McGee has indicated that intends to appeal the verdict.

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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

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

MARCH 30, 2009

By Everard Marseglia : Last Friday, the Supreme Court of Texas issued decisions in two companion cases, No. Emerald Oil & Gas Co., Emerald Oil & Gas Co. The Court also held that no evidence supported the lessors’; claim for breach of development claims under the oil and gas lease. 05-1076; Exxon Corp.,

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Producer's Edge

NOVEMBER 4, 2024

We're excited to announce the launch of ProducersEdge.law , our new consolidated digital platform that brings together the best of McGinnis Lochridge's oil and gas law publications.  This consolidation allows us to deliver content more efficiently, with enhanced security and improved formatting.

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The Energy Law

JANUARY 4, 2007

The Court will also hear arguments on the applicability of the discovery rule and fraudulent concealment to claims by oil and gas lessors. Liskow & Lewis attorney Butch Marseglia submitted an amicus curiae brief on behalf of The Texas Oil & Gas Association. Emerald Oil & Gas v. Emerald Oil & Gas Company, L.P.,

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Texas Oil & Gas Attorney

SEPTEMBER 8, 2023

The Texas Supreme Court is going to hear a case in which the issue is whether the interest to be paid on past due royalties is simple or compound interest. In the case of Samson Exploration, LLC v. granted September 1, 2023) , the lessors executed a number of oil and gas leases with Samson. Bordages, 662 S.W.3d 3d 501 (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 6, 2013

In a legacy case defended by Liskow & Lewis, the Louisiana Supreme Court recently denied Plaintiff-landowners’ writ application seeking review of an opinion of the Louisiana Third Circuit Court of Appeal that affirmed a unanimous jury verdict in favor of BP. Houssiere v. ASCO USA, 12-791 (La. 1/16/13), 108 So.

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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

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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Novi

JANUARY 27, 2025

Heres the audio recap AI-in-Oil-Gas_-Generic-vs Let’s talk about something costing operators millions: the choice between generic AI and purpose-built AI solutions for oil & gas. Why Generic AI Falls Short in the Oil & Gas Industry Let’s understand why generic AI struggles to solve oil and gas problems.

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The Energy Law

JUNE 2, 2017

Justiss”) entered into a turnkey drilling contract to drill a deep oil well using intermediate casing purchased from Oil Country Tubular Co. The casing pipe was API certified to a particular pressure and one of the Defendants’ owners represented to Justiss that the pipe was fit for its intended use. Justiss Oil Company, Inc.

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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

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. The Energy Law Blog will explore the import of the prescription ruling in a separate post. 2020-00685 (La. 2d 686 (La.

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The Energy Law

FEBRUARY 20, 2009

Mineral, surface, and subsurface leases on the various properties have been granted to seven separate entities for oil and gas operations on the property. The case was then transferred to Vermillion Parish, Louisiana pursuant to exceptions filed by the defendants for improper venue.

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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

MARCH 3, 2017

Today, the United States Court of Appeals for the Fifth Circuit affirmed the Eastern District’s exercise of jurisdiction and dismissal on the merits of a headline-grabbing environmental law tort suit against 97 oil and gas companies, seeking to hold those entities responsible for Louisiana’s coastal erosion.

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Oil Gas E&A Casing 52

Texas Oil & Gas Attorney

JUNE 14, 2024

In a recent case, the Texas Supreme Court considered whether interest on late royalty payments was supposed to be simple or compound interest. The post Texas Supreme Court: Simple Interest Applies to Late Royalty Payments appeared first on Texas Oil and Gas Attorney Blog. In Samson Exploration, LLC v. Bordages, 662 S.W.3d

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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

MARCH 7, 2018

In a decision issued today, the Louisiana Third Circuit Court of Appeal issued the first appellate court opinion addressing the procedure for approval of settlements in cases governed by Act 312 (La. Having no objection to settlement in this case, the trial court correctly approved the settlement. Riceland Petroleum Corp.,

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The Energy Law

APRIL 19, 2017

Indeed, the court analyzed several recent decisions from Louisiana’s First , Second , and Third Circuits, each of which concluded that the subsequent purchaser doctrine applies in cases involving mineral leases. These decisions uniformly held that, under the reasoning of Eagle Pipe & Supply, Inc. Amerada Hess Corp.

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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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Casing E&A IT Education 40

The Energy Law

JUNE 21, 2016

On June 17, 2016, the Texas Supreme Court ruled that an oil and gas producer (“Southwest”) was not entitled to a statutory exemption from sales taxes on its purchases of casing, tubing and pumps used in the production of oil and gas (the “Equipment”). At issue in Southwest Royalties, Inc.

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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

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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Texas Oil & Gas Attorney

SEPTEMBER 21, 2024

In 2022, in a case decided by the Corpus Christi Court of Appeals , the issue was who owns the right to use underground salt caverns: the mineral owner or the surface owner? In this case, Myers-Woodward, LLC v. The Court specifically declined to follow an earlier case by the Beaumont Court of Appeals , Mapco, Inc. granted (Aug.

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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 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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