The Energy Law Blog

MARCH 7, 2023

In the 1920s—the time the deed at issue was executed—lessors commonly reserved a one-eighth royalty interest when they executed oil and gas leases. In addition to the estate misconception theory, the Court analyzed the “legacy of the one-eighth royalty.” Dils Co. , 2d 904 (Tex.

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The Energy Law Blog

FEBRUARY 22, 2024

Hilcorp Energy Company , —F.4th—, 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. Related to royalty provisions are “free-use clauses” and “off-lease clauses.” 22-20226, 2024 WL 137038 (5th Cir.

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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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Vorys Energy

FEBRUARY 4, 2022

TotalEnergies E&P USA, Inc, et al. The Court held that the lessees’ payment of royalties based on amounts they received from sales to their affiliates at the well was proper and followed the language of the lease.

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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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Royalty Oil Gas E&A 52

The Energy Law Blog

SEPTEMBER 23, 2008

House of Representatives passed Speaker Pelosi’s Energy Bill, H.R. 6899, titled “Comprehensive American Energy Security and Consumer Protection Act.” Title I addresses the existing moratoria, future OCS access, exploration, production and royalty questions.

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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

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

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 12, 2017

3] Tauren subsequently assigned a 49% interest in the lease to Cubic Energy, Inc. 10] Gloria’s Ranch amended its petition to include a claim for failure to pay royalties on production in Section 15 (from the unit well drilled by Chesapeake). 1] The dispute in Gloria’s Ranch, L.L.C. Tauren Exploration, Inc.

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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

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 18, 2024

Devon Energy Prod. 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. 23-40591, 2024 WL 886951 (5th Cir.

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The Energy Law Blog

OCTOBER 4, 2018

Although the recent Haynesville production increases are a positive sign for the Louisiana energy industry, the August 2018 daily production average is still below the previous Haynesville peak production average, which was 7.403 billion cubic feet per day in January 2012. El Paso E & P Co. , El Paso E & P Co. ,

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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

APRIL 30, 2020

A special meeting of the Louisiana State Mineral and Energy Board was held on April 29, 2020, to address the impacts of both COVID-19 and historically low oil prices on operation and maintenance of Louisiana State Leases. The Board approved two proposed resolutions (1. Proposed Enforcement Moratorium Resolution 2.

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The Energy Law Blog

MARCH 11, 2020

Sojitz Energy Venture, Inc. 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. 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

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

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

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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Oil Exploration and Production E&A Operator 40

The Energy Law Blog

MARCH 30, 2017

Flat River Farms, L.L.C. , the Louisiana Second Circuit addressed issues affecting the creation and preservation of mineral servitudes and payment of court costs in a concursus action. [1] 1] In the case, an operator initiated a concursus action seeking to resolve ownership interest in minerals underlying property on which it was operating.

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Oil & Gas 360º

MARCH 10, 2025

(Oil & Gas 360) Publisher’s Note: Whitecap Resources will be presenting at the 30th Anniversary EnerCom Denver-The Energy Investment Conference at the Westin Denver Downtown on August 17-20, 2025. The transaction is expected to close before May 30, 2025. Strong Credit Profile: Exceptional balance sheet with initial leverage of 0.9

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The Energy Law Blog

NOVEMBER 28, 2022

The Infrastructure Investment and Jobs Act (IIJA), signed into law on November 15, 2021, amended Section 40307 of the Outer Continental Shelfs Act (OCSLA) to provide authority to the U.S. On the other hand, DOI’s existing leasing regulations may provide a more fleshed-out framework to guide the CCS authorization process.

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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

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 April 22, 2021, the plaintiffs—Texas, Louisiana, and eight other energy producing states (the “Plaintiff States”)—filed suit to challenge Executive Order 13990, seeking declaratory and injunctive relief. On February 11, 2022, the Biden Administration’s climate change agenda sustained a major blow as Judge James D. Background.

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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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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

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 52

The Energy Law Blog

OCTOBER 26, 2020

economy, its energy independence, and its diplomatic relations. economy, its energy independence, and its diplomatic relations. energy independence and dominance. His America First Energy Plan is aimed, in part, at increasing fossil fuel production in the U.S. s energy sector. s energy sector.

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The Energy Law Blog

OCTOBER 26, 2020

economy, its energy independence, and its diplomatic relations. economy, its energy independence, and its diplomatic relations. energy independence and dominance. His America First Energy Plan is aimed, in part, at increasing fossil fuel production in the U.S. s energy sector. s energy sector.

Oil 40

Oil Gas Energy Energy 40

The Energy Law Blog

OCTOBER 26, 2020

economy, its energy independence, and its diplomatic relations. economy, its energy independence, and its diplomatic relations. energy independence and dominance. His America First Energy Plan is aimed, in part, at increasing fossil fuel production in the U.S. s energy sector. s energy sector.

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