The Energy Law Blog

APRIL 19, 2021

The Eagle II case is the second case that arose between TRO-X, L.P. (“TRO-X”) In Eagle II , TRO-X alleged that Eagle failed to pay TRO-X its share of income generated from production on the equitable interests. The Texas Supreme Court recently released its anticipated opinion in Eagle Oil & Gas Co. TRO-X, L.P. ,

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The Energy Law Blog

APRIL 19, 2021

The Eagle II case is the second case that arose between TRO-X, L.P. (“TRO-X”) In Eagle II , TRO-X alleged that Eagle failed to pay TRO-X its share of income generated from production on the equitable interests. The Texas Supreme Court recently released its anticipated opinion in Eagle Oil & Gas Co. TRO-X, L.P. ,

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The Energy Law Blog

APRIL 12, 2022

In Litel Explorations, LLC v. The Litel case began as a legacy lawsuit, in which Pioneer Natural Resources, Inc. and Gary Production Company were named as prior operators of the G.A. The Lyon Well was leaking in 2018, which prompted the LDNR to task the current operator (Sandhill Production, Inc.) Aegis Development Co.,

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The Energy Law Blog

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 Blog

NOVEMBER 20, 2020

As it “is impossible to transfer rights to an assignee under an expired mineral lease,” in a case where oil, gas and mineral leases had expired prior to plaintiff’s acquisition of the property, the Louisiana Third Circuit Court of Appeal in Litel Explorations, L.L.C. Aegis Development Company, L.L.C., 7/18/18), 252 So.3d 49,569 (La.

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The Energy Law Blog

JUNE 8, 2020

With the prevalence of cases involving royalty disputes in Texas, the state’s Supreme Court has never hesitated to address these issues. One aspect of royalties that gets a significant amount of attention from Texas royalty owners is post-production costs. Heritage Resources , 939 S.W.2d 2d at 120-21. Heritage Resources , 939 S.W.2d

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The Energy Law Blog

JANUARY 20, 2021

This case is one of a number of cases brought by states, cities, and other municipalities against energy companies alleging that the companies contributed to climate change. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court, June 2, 2020 ; and (3) U.S.

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The Energy Law Blog

OCTOBER 2, 2020

climate change litigation, as these cases continue to grow in number. Moreover, in addition to climate change litigation, the Supreme Court’s review could have a significant impact on Louisiana’s coastal erosion litigation, where energy companies have asserted similar arguments when removing those 42 cases.

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The Energy Law Blog

JULY 1, 2021

Louisiana Land and Exploration Co., In the landmark oilfield remediation case Corbello v. Iowa Production , landowners sued oil and gas companies for breach of a mineral lease. Louisiana Land and Exploration Co., After the LL&E I decision, the case went to trial in 2015. State of Louisiana v. 2020-00685 (La.

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The Energy Law Blog

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. This case was handled by Paul Adkins of Liskow’s Baton Rouge office. A copy of the district court’s opinion can be found here. Read the opinion here.

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The Energy Law Blog

NOVEMBER 20, 2020

As it “is impossible to transfer rights to an assignee under an expired mineral lease,” in a case where oil, gas and mineral leases had expired prior to plaintiff’s acquisition of the property, the Louisiana Third Circuit Court of Appeal in Litel Explorations, L.L.C. Aegis Development Company, L.L.C., 7/18/18), 252 So.3d 49,569 (La.

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The Energy Law Blog

FEBRUARY 3, 2021

This case was handled by Paul Adkins in Liskow’s Baton Rouge office. The court had little difficulty in concluding that the terms of the MSA between Chaps and Comstock explicitly provided that Chaps was an independent contractor, but that finding was not the end of the inquiry. A copy of the Court’s opinion can be found here.

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The Energy Law Blog

MAY 3, 2021

The tables turned again at the Texas Supreme Court, which ultimately held that the boundary stipulation was valid and that the defendants conclusively established their ratification defense, but the case is still ongoing. The case then proceeded to trial on Concho’s counterclaims. Factual and Procedural Background.

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The Energy Law Blog

OCTOBER 11, 2021

The subsequent purchaser doctrine has been litigated extensively in Louisiana legacy cases involving claims for oilfield remediation.

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The Energy Law Blog

AUGUST 10, 2017

In these cases, when designing the drilling and earning transaction, consider packaging one or more conventional formations with an unconventional shale formation to create a designated “earning zone”. Oil and gas leases typically provide that production from a well in “paying quantities” will hold the lease beyond its primary term.

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The Energy Law Blog

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 Blog

OCTOBER 5, 2020

In Texas, for example, case law has not yet settled critical questions regarding real property rights for capture, injection, and storage such as the issue of who owns the rights to lease subsurface pore space for carbon storage when the mineral and surface estates have been severed.

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The Energy Law Blog

JANUARY 28, 2021

Iowa Production, et al. Recently, those typical types of claims have been supplemented in some legacy litigation cases with citizen suit allegations based on the Louisiana Environmental Quality Act. In 2003, the Louisiana Supreme Court rendered its landmark decision in Corbello, et al.

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The Energy Law Blog

FEBRUARY 3, 2021

Thus, the entire case hinges on the power of the conjunction “and” to conjoin two noncontiguous sections into a single tract. However, the court cannot make this determination without first deciding whether the conjunction “and” effectively conjoins “Section 6. and Section 2” into a single tract comprising the two sections.

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The Energy Law Blog

OCTOBER 15, 2020

In most cases of default of a current lessee or owner of operating rights, BSEE will call upon a prior interest owner to perform the required decommissioning. In such case, BOEM may require that the party provide additional security for decommissioning obligations for which such predecessor is not liable.

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The Energy Law Blog

JUNE 17, 2021

Doughty of the Western District of Louisiana granted Plaintiff States’ request for an injunction to block the Biden Administration’s pause on new federal oil and gas lease sales (“Lease Pause”). Louisiana v. 2:21-cv-00778-TAD-KK, 2021 WL 2154963 (W.D. June 15, 2021).

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The Energy Law Blog

JUNE 17, 2021

Doughty of the Western District of Louisiana granted Plaintiff States’ request for an injunction to block the Biden Administration’s pause on new federal oil and gas lease sales (“Lease Pause”). Louisiana v. 2:21-cv-00778-TAD-KK, 2021 WL 2154963 (W.D. June 15, 2021).

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