The Energy Law Blog

FEBRUARY 28, 2023

million judgment for reimbursement of mineral royalties. million in mineral royalties attributable to ownership of these banks. As there are no such provisions governing the Crooks plaintiffs’ mineral royalties claims, the legislature has retained its discretion to appropriate funds for those claims. 1/1/23), So.

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The Energy Law Blog

JULY 1, 2021

Devon Energy Production Company, L.P. Sheppard is a royalty dispute between several lessees, Devon Energy Production Co., concerning a novel royalty term that may have a huge impact on the way oil and gas royalties are paid in the future. and several lessors, Michael A. Sheppard, et.

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The Energy Law Blog

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 Blog

APRIL 4, 2023

While 30:10 was amended during the 2022 legislative session, the amendment preserved the limited obligation of remitting the royalty and overriding royalty burdens to the nonparticipating owner for the benefit of the royalty and overriding royalty owners.

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The Energy Law Blog

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. Crude Energy, LLC , 573 S.W.3d

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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.

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The Energy Law Blog

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 Blog

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.

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The Energy Law Blog

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 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 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. Element Petroleum Props., 11-21-00103-CV (Tex.

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The Energy Law Blog

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 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

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. Thus, under its Yzaguirre holding, class treatment was inappropriate.

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The Energy Law Blog

NOVEMBER 1, 2007

The court ruled that Interior’s price threshold clauses unlawfully deprived Kerr-McGee of the statutory right to produce minimum volumes of oil and gas royalty-free, as mandated by Congress in the Outer Continental Shelf Deep Water Royalty Relief Act of 1995. CLICK here to view the decision

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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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Vorys Energy

JANUARY 2, 2024

Ohio’s Seventh District Court of Appeals recently interpreted two reservations of non-participating royalty interests (NPRIs) involving double fractions, holding that they reserved fixed, rather than floating, royalties. Ohio, LLC , 2023-Ohio-4749.

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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 Blog

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 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

OCTOBER 31, 2022

Ohio’s Seventh District Court of Appeals recently held that an “anti-washout” provision found in multiple assignments of overriding royalty interests covering leases that subsequently expired was not binding on the original lessee’s assignees, which had taken new leases to those same lands, as there was no privity of contract.

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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

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

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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

DECEMBER 22, 2008

The deed conveyed to the Jameses one-half of the royalties and mineral interests in the property and reserved the other one-half to Gray Investments. Division orders were prepared by Kelley Oil Corporation, a predecessor-in-interest to Samson, and the Jameses began receiving royalties.

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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 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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Texas Oil & Gas Attorney

MAY 17, 2024

The Texas Supreme Court recently considered oil and gas leases that involved the interaction of the “free use of gas” clause and the royalty due on gas used off the leased premises. Hilcorp Energy Co., The leases stated that Hilcorp must pay as royalties on gas. 3d , 2024 WL (Tex. for all operations hereunder.

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The Energy Law Blog

OCTOBER 5, 2009

The United States Supreme Court has denied the Petition for Certiorari filed by the United States Department of the Interior in Kerr-McGee Oil & Gas Corp. Dep’t of the Interior , 554 F.3d 3d 1082 (5th Cir. The high court’s refusal to consider Interior’s appeal allows the Fifth Circuit’s January 2009 decision to stand.

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The Energy Law Blog

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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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 Blog

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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The Energy Law Blog

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 Blog

APRIL 21, 2010

The Louisiana Mineral and Energy Board is currently reviewing an incentive proposal that would offer a “royalty relief incentive” on new drilling leases along the Louisiana coast. Specifically, the proposal would offer royalties for a period of three years for wells drilled to a depth of fifteen thousand feet along the coastal zone.

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The Energy Law Blog

MARCH 12, 2009

12, 2009), in which the Fifth Circuit held that Interior had violated Section 304 of the Deep Water Royalty Relief Act by imposing "price threshold" requirements that reduce a lessee’s royalty suspension volume below statutory minimums.

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The Energy Law Blog

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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