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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.

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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

By using this blog site you understand and acknowledge that there is no attorney client relationship formed between you and Liskow & Lewis and/or the individual Liskow & Lewis lawyers posting to this site by virtue of your using this site. draw[ing] no distinctions based on industry or risk of exposure to COVID-19.”

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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.

Oil 98
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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 First Circuit Applies Subsequent Purchaser Doctrine to Property Transfer Involving Closely Held LLC

The Energy Law

If the transferring instrument does not contain an explicit assignment of the personal right to sue for damages to the property, the right remains with the transferor.” The Blog/Web Site should not be used as a substitute for legal advice from a licensed professional attorney in your state regarding a particular matter.

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Key Issues in OTC Derivatives Contracts as COVID-19 Disrupts Global Financial Markets

The Energy Law

Often a default under a derivatives contract qualifies as a cross default to a company’s credit facility or other financial instrument, subject to certain dollar thresholds (if applicable). It has been an extraordinary few weeks as businesses face challenges presented by the COVID-19 outbreak. Margin Calls.

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Solar Leasing in Louisiana: Who to Lease?

The Energy Law

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. 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.