The Energy Law Blog

FEBRUARY 22, 2024

Jan 12, 2024) concerns how three related provisions in an oil and gas lease interact: (1) a royalty clause; (2) a free-use clause; and (3) an off-lease clause. When parties to an oil and gas lease reserve royalties, they stipulate where those royalties are to be valued—sometimes referred to as the “valuation point”—in the royalty clause.

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The Energy Law Blog

MARCH 31, 2021

While the Court is no stranger to interpreting (and often muddling) the familiar royalty clause interpretation questions surrounding the first issue, in a case of first impression, the Court also analyzed the breadth of a lease’s free-use clause. after deductions), resulting in lower royalty payments for the royalty owners.

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The Energy Law Blog

NOVEMBER 12, 2020

In a straightforward application of Louisiana’s prescriptive principles, the Louisiana Court of Appeal for the Third Circuit affirmed the trial court’s grant of exceptions of prescription, finding plaintiff’s claims for fraud, under the Louisiana Unfair Trade Practices Act (LUTPA), and for unpaid royalties all prescribed in Karen May v.

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The Energy Law Blog

JUNE 28, 2018

hands a victory to financiers of oil and gas operations and settles a long-running controversy over the amount of damages available for failure to pay mineral royalties. in unpaid royalties, plus an additional double damages penalty of $484,058.52. Tauren Exploration, Inc. The lower courts awarded Gloria’s Ranch $726,087.78

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The Energy Law Blog

MARCH 31, 2021

While the Court is no stranger to interpreting (and often muddling) the familiar royalty clause interpretation questions surrounding the first issue, in a case of first impression, the Court also analyzed the breadth of a lease’s free-use clause. after deductions), resulting in lower royalty payments for the royalty owners.

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The Energy Law Blog

NOVEMBER 12, 2020

In a straightforward application of Louisiana’s prescriptive principles, the Louisiana Court of Appeal for the Third Circuit affirmed the trial court’s grant of exceptions of prescription, finding plaintiff’s claims for fraud, under the Louisiana Unfair Trade Practices Act (LUTPA), and for unpaid royalties all prescribed in Karen May v.

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The Energy Law Blog

APRIL 3, 2023

The Louisiana Legislature’s 2023 Regular Session begins on April 10th, and last Friday, Louisiana Senator Allain of District 21 filed SB 154 proposing to enact a statutory framework directly governing the rights and obligations of parties to renewable energy leases. 122); The lessee of a renewable energy lease would be “bound to. compare to La.

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The Energy Law Blog

MARCH 31, 2021

Free-Use Clause and Further Interprets Conflicting Royalty Clause Provisions The Texas Supreme Court recently issued its anticipated decision in BlueStone Natural Resources II, LLC v. For almost a decade, the original lessee to the agreements never subtracted post-production costs from the royalty owners’ royalty payments.

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The Energy Law Blog

MARCH 18, 2024

1, 2024), the Fifth Circuit held that an oil-and-gas royalties class action belongs in federal court based on its interpretation that the “principal injuries” prong of the CAFA local controversy exception requires all plaintiffs sustain their principal injuries in the forum state. As a matter of first impression, in Cheapside Mins.,

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The Energy Law Blog

MAY 22, 2023

The pursuit of alternative energy sources has become increasingly important in our quest for a sustainable future. Lithium, a key component in rechargeable batteries, has emerged as a vital element for powering electric vehicles and storing renewable energy. A brine extraction prospect would be very similar to an oil and gas prospect.

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The Energy Law Blog

MARCH 28, 2022

Enhanced Recovery: Use of carbon dioxide for enhanced hydrocarbon recovery requires the creation of a unit by the Commissioner of Conservation for the purpose of secondary or tertiary recovery under La. However, pilot programs can be available to allow the commencement of an enhanced recovery project prior to creation of the unit. 30:1101-1111).

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The Energy Law Blog

OCTOBER 4, 2018

El Paso E & P Co. , El Paso E & P Co. , for a one-fourth (1/4) mineral royalty and as much as ten thousand ($10,000) dollars per acre bonus royalty.” Instead, this year, the Haynesville has seen steady increases in production since January when production averaged 5.293 billion cubic feet per day. 45,634 (La.

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The Energy Law Blog

MARCH 31, 2022

Privacy Policy: By subscribing to Liskow & Lewis’ E-Communications, you will receive articles and blogs with insight and analysis of legal issues that may impact your industry. BPX Operating Co., The primary impetus for the court’s reconsideration and reversal was the Louisiana Civil Code doctrine of negotiorum gestio (i.e.,

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The Energy Law Blog

MARCH 11, 2020

UNOCAL also reserved a 3% overriding royalty. 2003) (“the regulations govern the parties’ joint and several liabilities vis-à-vis the Government not amongst themselves”) and Total E&P USA, Inc. Sojitz Energy Venture, Inc. Union Oil Co. of California , 394 F. 3d 687 (S.D. Parker Drilling Co. , 3d 558, 563 (5th Cir.

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The Energy Law Blog

APRIL 19, 2021

Several years later, Eagle purchased several leases and sold them to Chesapeake Exploration, LLC (“Chesapeake”), reserving an overriding royalty interest and a back-in working interest (the “Interests”). When the suit went to trial, the leases subject to the Chesapeake sale had not generated any royalty income. Analysis and Holding A.

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The Energy Law Blog

MARCH 10, 2021

A recent decision from the Louisiana First Circuit Court of Appeal may have lasting effects on good faith purchasers of oil. TMR Exploration, Inc , 2021 WL 267916, the First Circuit affirmed a district court ruling on summary judgment applying the good faith purchaser defense provision set forth in La.

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The Energy Law Blog

APRIL 30, 2020

Importantly, the first resolution emphasizes “that the Temporary Moratorium and Resumption Period enacted by this Resolution do not allow an operator or lessee to fail to pay royalties if they continue to obtain production during these times. The Board approved two proposed resolutions (1. Proposed Enforcement Moratorium Resolution 2.

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The Energy Law Blog

MARCH 26, 2019

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. Chesapeake Louisiana, LP. [1] 2] The UMOs argued that La. Chesapeake Louisiana, LP. [1] 2] The UMOs argued that La. The UMOs argued that La.

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The Energy Law Blog

APRIL 19, 2021

Several years later, Eagle purchased several leases and sold them to Chesapeake Exploration, LLC (“Chesapeake”), reserving an overriding royalty interest and a back-in working interest (the “Interests”). When the suit went to trial, the leases subject to the Chesapeake sale had not generated any royalty income. Analysis and Holding.

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The Energy Law Blog

MARCH 10, 2021

A recent decision from the Louisiana First Circuit Court of Appeal may have lasting effects on good faith purchasers of oil. TMR Exploration, Inc , 2021 WL 267916, the First Circuit affirmed a district court ruling on summary judgment applying the good faith purchaser defense provision set forth in La.

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The Energy Law Blog

MARCH 10, 2023

As a key component of most batteries, lithium is ubiquitous in our daily lives. From the moment your alarm on your cell phone goes off in the morning, to using your battery-powered toothbrush, to reading this blog post on your laptop or tablet, lithium makes it all work.

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The Energy Law Blog

NOVEMBER 28, 2022

The CEQ report noted that royalty rate reduction credits for carbon capture could potentially create financial incentives for investment and recognized the need to address long-term liability after a storage site has been closed.

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The Energy Law Blog

APRIL 7, 2020

The equity for these LLCs is known as “membership interests” but may be referred to in the LLC operating agreement as “units”. Many LLC operating agreements provide for the issuance of additional membership interests or units, but may not provide for the issuance of a different class of membership interests or units.

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The Energy Law Blog

FEBRUARY 24, 2022

On February 11, 2022, the Biden Administration’s climate change agenda sustained a major blow as Judge James D. Cain of the Western District of Louisiana enjoined a Biden administration executive order that charged federal agencies with considering the “social cost of carbon” in their decision making. Background. The Court Had Standing.

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The Energy Law Blog

JUNE 17, 2021

On Tuesday, U.S. District Judge Terry A. 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). at 26-27.

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Oil Gas Offshore Exploration and Production 59

The Energy Law Blog

JUNE 17, 2021

On Tuesday, U.S. District Judge Terry A. 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). at 26-27.

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Oil Gas Offshore E&A 52

The Energy Law Blog

JUNE 17, 2021

On Tuesday, U.S. District Judge Terry A. 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). at 26-27.

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The Energy Law Blog

OCTOBER 26, 2020

In the midst of a chaotic year and a tense campaign season, issues such as COVID-19, race relations, and healthcare seem to be at the forefront of Americans’ minds as they head to the polls on November 3. economy, its energy independence, and its diplomatic relations. Due to the sharp increase in oil and gas production, the U.S. s energy sector.

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Oil Gas Energy Energy 40

The Energy Law Blog

OCTOBER 26, 2020

In the midst of a chaotic year and a tense campaign season, issues such as COVID-19, race relations, and healthcare seem to be at the forefront of Americans’ minds as they head to the polls on November 3. economy, its energy independence, and its diplomatic relations. Due to the sharp increase in oil and gas production, the U.S. s energy sector.

Oil 40

Oil Gas Energy Energy 40

The Energy Law Blog

OCTOBER 26, 2020

In the midst of a chaotic year and a tense campaign season, issues such as COVID-19, race relations, and healthcare seem to be at the forefront of Americans’ minds as they head to the polls on November 3. economy, its energy independence, and its diplomatic relations. Due to the sharp increase in oil and gas production, the U.S. s energy sector.

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