The Energy Law

JUNE 4, 2007

Hunter MMS has announced proposed amendments to its deep gas royalty relief regulations under the Energy Policy Act of 2005.

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The Energy Law

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.

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The Energy Law

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. 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., NationsBank , 939 S.W.2d

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The Energy Law

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.” The Texas Supreme Court recently released its opinion in Van Dyke v. Dils Co. ,

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The Energy Law

AUGUST 1, 2007

By Dana Douglas The Louisiana First Circuit Court of Appeal recently held that an operator is not responsible for payment of a non-operator’s royalties and overriding royalties before payout. Clayton WIlliams Energy Inc. Thus, the non-participant was responsible for payment of its royalty and overriding royalty payments.

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The Energy Law

JANUARY 24, 2007

The Associated Press reported today that a federal jury found Kerr McGee liable for additional royalties on crude oil produced from federal properties and sold through Texon. Kerr McGee had denied the allegations and claimed that no additional royalties were owed. Kerr McGee has indicated that intends to appeal the verdict.

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The Energy Law

SEPTEMBER 17, 2009

by Elisabeth Lorio Baer Interior Secretary Ken Salazar informed Congress on September 17, 2009 that he would kill a controversial program, currently in effect, that allows energy companies to pay the government royalties for drilling on public lands in actual oil and gas in lieu of cash. For the full story, see [link]

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The Energy Law

APRIL 6, 2010

Ross alleged that Shell failed to pay royalties in accordance with the lease agreement and that it fraudulently deprived him of royalties by making payments “based on an arbitrary amount even below the internal transfer price.” Shell, however, did not calculate royalty payments based on the price it received for the gas.

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The Energy Law

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

FEBRUARY 19, 2008

15, 2008), the Texas Supreme Court again addressed the propriety of class actions for gas royalty claims. The class affirmed the denial of two subclasses, but reversed the denial of a third subclass of royalty claimaints. Phillips Petroleum Co. , 03-0824 (Feb. The Court upheld the denial of class treatment.

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The Energy Law

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

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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Vorys Energy

FEBRUARY 4, 2022

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. By using the netback method to determine those royalties, “Plaintiffs’ royalties are based on the wellhead value of the gas sold.

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The Energy Law

JANUARY 12, 2017

Anglo-Dutch Energy, L.L.C. , the Third Circuit addressed the question of whether or not a mineral lessee must pay its lessor full lease-basis royalties for production undertaken during the effective period of a conditional allowable but prior to the effective date of a unit order. [1] Anglo-Dutch Energy, L.L.C. , In Gladney v.

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The Energy Law

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

JUNE 18, 2015

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. NationsBank , 939 S.W.2d 2d 118 (Tex.

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Valor

FEBRUARY 24, 2025

Read more BP to abandon green energy target and ramp up oil Summary : BP will abandon its plan to expand renewable energy generation 20-fold by 2030, scrapping its target of reaching 50 gigawatts (GW) and maintaining its current 8.2 energy exports. The post Valor | Energy Connection Feb. GW capacity.

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The Energy Law

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. in unpaid royalties, plus an additional double damages penalty of $484,058.52.

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The Energy Law

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). 4] In 2007, Fossil Operating, Inc. 5] Chesapeake Operating, Inc.

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The Energy Law

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

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

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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Vorys Energy

DECEMBER 15, 2023

Mooney , 2023-Ohio-4451, Ohio’s Seventh Appellate District considered whether an 1898 assignment conveyed a fixed or floating royalty. The assignment in question conveyed “the one-half (1/2) part of his royalty Being 1/16 part of all the oil and gas in and under the following described premises.” Specifically, it reasoned that:

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The Energy Law

JANUARY 25, 2008

CXY Energy, Inc. , 12/19/07), the court addressed the payment of royalties and penalties under Mineral Code article 212.23(c) In exchange, the defendant agreed to transfer an overriding royalty interest in the subject prospect to the plaintiff in the event defendant acquired an interest in the prospect. In CLK Company, L.L.C.

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The Energy Law

MAY 24, 2007

James Boldrick is an assignee of an overriding royalty interest in property subleased to BTA. Boldrick sued BTA and Chevron/Texaco, seeking monetary damages based upon breach of contract, unjust enrichment and conversion, alleging that his share of the overriding royalty interest was being used to benefit the Defendants.

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The Energy Law

MAY 10, 2010

—Tyler 5/5/2010), the Tyler Court of Appeals upheld a trial court’s findings of fact and conclusions of law with respect to the termination of an oil and gas lease for failure to pay shut-in royalty payments to the proper party. Van Hovenberg (“Van Hovenberg”) conveyed by royalty deed to O.B. In 1976, Karin H. In 1976, Karin H.

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The Energy Law

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

JANUARY 16, 2009

A unanimous panel of the United States Court of Appeals for the Fifth Circuit has held that the United States Department of the Interior violated the Outer Continental Shelf Deep Water Royalty Relief Act (“RRA”) by imposing price threshold conditions that require federal lessees to pay royalties when commodity prices rise.

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The Energy Law

MARCH 13, 2009

Geithner explained, “we don’t believe it makes sense to significantly subsidize the production and use of sources of energy that are dramatically going to add to our climate change. energy policy will focus on promoting renewable energy sources and rely less on traditional fossil fuels. By Emma Hinnigan U.S.

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The Energy Law

DECEMBER 11, 2006

. — (2006), the Supreme Court resolved a legal issue that has been at the center of federal royalty litigation for twenty years: viz. founded upon any contract,” applies to administrative royalty payment orders issued by the Minerals Management Service (MMS). whether 28 U.S.C. The Court held that it does not. Read more. 3d 722 (D.C.

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The Energy Law

JANUARY 4, 2007

LEXIS 2750, the Louisiana court of appeal determined that a reservation “all of the minerals underlying or which may be produced from the above described tracts for a period of ten years” was a mineral servitude, not a mineral royalty, and that the servitude was subject to the statutory prescriptive period.

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The Energy Law

JANUARY 4, 2007

The royalty owners intervened and asserted claims against Exxon for, among others, common law waste, statutory waste, negligence per se, tortious interference, and failure to develop. Emerald’s remaining claims were tried with those of the royalty owners (see next section). The Jury awarded the royalty owners: 1. $5

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The Energy Law

JUNE 12, 2017

1] In the case, a landowner sued its mineral lessees for: (1) failure to provide a recordable act evidencing the expiration of a mineral lease under Mineral Code articles 206-209 and (2) failure to pay royalties under Mineral Code articles 137-140. [2] in unpaid royalties and an additional double damages penalty of $484,058.52

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The Energy Law

DECEMBER 11, 2007

Faced with competing claims for royalty payments from the PPG and State of Louisiana, Chevron, as sublessee of the 1938 BLD lease, filed a petition for concursus and deposited royalty payments into the court registry. Ultimately, the Fourth Circuit affirmed the trial court’s finding that the State’s claims were barred by res judicata.

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The Energy Law

DECEMBER 18, 2017

By granting the defendants’ writ applications, the Louisiana Supreme Court has recognized the importance of this issue to the State of Louisiana and its industries and will soon weigh in on this issue in one way or another.

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The Energy Law

MARCH 11, 2020

Sojitz Energy Venture, Inc. UNOCAL also reserved a 3% overriding royalty. Union Oil Co. of California , 394 F. 3d 687 (S.D. The only lessee of the Outer Continental Shelf leases at issue in Sojitz was UNOCAL. UNOCAL assigned operating rights in the leases to ATP, who later assigned 20% of those rights to Sojitz. 611 (Bankr.

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The Energy Law

MARCH 28, 2022

The order creating the unit will also name a unit operator and allocate unit costs in the same proportion that unit production is allocated. In addition to the unit order, the operator must receive approval for its injection wells. 30:1101-1111). Approval of a storage facility is not the creation of a unit.

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