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Fasken v. Puig – Another Post-Production Cost Case

Oil and Gas Lawyer

04-23-00106-CV, the San Antonio Court of Appeals was asked to construe a royalty reservation in a 1960 deed: There is saved, excepted and reserved, in favor of the undersigned, B.A. Said interest hereby reserved is Non-Participating Royalty. In Fasken Oil and Ranch, Ltd. Hyder , 483 S.W.3d 3d 870 (Tex. Nationsbank , 939 S.w.2d

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Trudging the Rocky Landscape of Royalty Dispute Litigation with the Texas Supreme Court Yet Again in BlueStone

The Energy Law

With the prevalence of cases involving royalty disputes in Texas, the state’s Supreme Court has never hesitated to address these issues. But the Court’s sporadic holdings regarding royalty clauses, each so specific to the particular language of the lease, have left lessees on unsteady footing. Heritage Res., 2d 118, 120-21 (Tex.

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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] Tauren Exploration, Inc. Tauren Exploration, Inc.

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Haynesville shale gas production is increasing again; Will Haynesville-related litigation increase again, too?

The Energy Law

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. El Paso E & P Co. , 2d 640, 641-43 (W.D.

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Western District of Louisiana Holds that Unit Operators May Not Recover Post-Production Costs from an Unleased Mineral Owner’s Share of Production Proceeds

The Energy Law

District Court for the Western District of Louisiana held that a unit operator may not recover post-production costs from an unleased mineral owner’s share of production proceeds in Allen Johnson, et al. 30:10 governed whether a unit operator may deduct post-production costs against UMO’s share of production proceeds. [3]

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Texas Supreme Court Says You Can’t Disclaim Your Heritage, But Maybe You Can Ignore It

The Energy Law

Like the final season of ABC’s hit series Lost , the Texas Supreme Court’s opinion in Chesapeake Exploration, L.L.C. The 5-4 decision, authored by Justice Hecht, is the latest in a series of cases from high courts across the country addressing the sharing of “post-production costs” between royalty owners and oil and gas lessees.

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Texas Supreme Court Update: TRO-X Lives to Fight Another Day in Contractual Dispute over Share of Income on Production from Equitable Interests

The Energy Law

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. When the suit went to trial, the leases subject to the Chesapeake sale had not generated any royalty income.

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