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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.” In support of that notion, the Court cited the 1957 Texas Supreme Court case Garrett v. Dils Co. , 2d 904 (Tex.

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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.

Oil 98
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Louisiana’s Sabine River Authority Not Entitled To Sovereign Immunity

The Energy Law

The Fifth Circuit agreed with the lower court that state statutes and case law characterize SRA-L as an arm of the state; but caveated that the factor was restricted and “given the inconsistent descriptions in the same statutes and the lack of a more-definite characterization in either statute or case law.” [7]

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

The Energy Law

In such cases, hedge counterparties may increase calls for margin and collateral posting both in frequency and amount. 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).

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

The Energy Law

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

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Maritime Industry COVID 19 Update

The Energy Law

Finally, the AWO recommends the development of a “written outbreak management plan” that contains information to track and identify suspected cases and the locations of sick crewmembers, cleaning procedures, etc. Chart table, instruments, chairs, helm, entire console, windows, etc.)

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Louisiana and Texas COVID-19 Stay-at-Home Orders and Effects on State Courts

The Energy Law

On April 1, the Court issued its eighth order, tolling the statutes of limitations for all civil cases from March 13 until June 1, 2020. In addition, no residential eviction cases may proceed until after April 19, 2020. These acceptable alternative filing methods vary from parish to parish and remain fluid at this time.