The Energy Law

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

MARCH 7, 2023

In the context of antiquated oil and gas conveyances including a double fraction that includes “one-eighth,” the Court affirmed this principle by holding that such language gives rise to a rebuttable presumption that “one-eighth” refers to the entire mineral estate. Dils Co. , 2d 904 (Tex.

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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. The leases stated that Hilcorp must pay as royalties on gas. for all operations hereunder.

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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

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. Related to royalty provisions are “free-use clauses” and “off-lease clauses.” Lessees often use gas produced from a leased premises to power those processes.

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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. Oil & Gas Co. 2d at 120-21.

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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

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

JANUARY 12, 2017

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] In Arkansas Louisiana Gas Co. Anglo-Dutch Energy, L.L.C. , 3/2/99), 731 So.2d

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The Energy Law

JUNE 12, 2017

4] In 2007, Fossil Operating, Inc. Fossil”), with whom Tauren contracted to conduct operations on the property, drilled and completed wells on the leased property in Sections 9, 10, and 16. [5] 5] Chesapeake Operating, Inc. (“Tauren”) and contained a three year primary term as well as a horizontal and vertical Pugh clause. [3]

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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. The Louisiana Supreme Court’s reversal of Gloria’s Ranch, L.L.C.

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Aresco

FEBRUARY 14, 2024

The depletion allowance is a tax provision in the United States designed to account for the reduction of natural resources, such as oil and gas, as they are extracted and sold. For the oil and gas industry, the depletion allowance functions similarly to depreciation for other types of assets.

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Producer's Edge

DECEMBER 3, 2024

Travis Lattner, Jr., “a non-participating royalty of one-fourth (1/4th) of the landowner’s usual one-eighth (1/8th) royalty on oil and gas produced and saved from said land[.]” By way of background, in 1955 J.D. and Elva Arthur conveyed to W. By way of background, in 1955 J.D. and Elva Arthur conveyed to W.

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Producer's Edge

NOVEMBER 1, 2024

This case presents two critical questions: Who owns subsurface caverns created by salt mining operations, and How should in-kind royalties be calculated for salt production? As I recently summarized in my annual oil and gas law review (Austin W. Brister & Logan Jones, Oil, Gas & Mineral Law, 9 SMU ANN.

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The Energy Law

MARCH 28, 2022

Like traditional exploration and development, CCUS projects require the operator to secure both the necessary private property rights from landowners as well as regulatory approval from the appropriate administrative agency in order to proceed. In addition to the unit order, the operator must receive approval for its injection wells.

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The Energy Law

MARCH 31, 2022

For nearly three years, unit operators in Louisiana have waited to see whether the Western District of Louisiana would change course or double down on its March 2019 decision in Johnson v. BPX Operating Co., Chesapeake. The district court recognized this was a res nova issue for which there was no authority directly on point.

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The Energy Law

APRIL 3, 2023

operate the property leased as a reasonably prudent operator for the mutual benefit of himself and his lessor.” When the dispute involves the nonpayment of royalties, the renewable energy lessee would be afforded 30 days to pay the royalties or respond in writing stating a reasonable cause for nonpayment (compare to La.

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The Energy Law

MAY 22, 2023

Formed during the Jurassic period, this geological formation has been tapped for oil and gas, as well as brine for production of bromine, since the 1950s. Recently, several operators have started pilot projects to produce lithium from Smackover brine as well. A brine extraction prospect would be very similar to an oil and gas prospect.

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The Energy Law

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. 30:10 governed whether a unit operator may deduct post-production costs against UMO’s share of production proceeds. [3]

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The Energy Law

SEPTEMBER 23, 2008

Title I addresses the existing moratoria, future OCS access, exploration, production and royalty questions. per MMBtu, unless lease royalties were renegotiated with the Secretary , imposes Conservation of Resources Fee on nonproducing lease acreage of $3.75 House of Representatives passed Speaker Pelosi’s Energy Bill, H.R.

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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.

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Producer's Edge

JANUARY 27, 2025

filed) Mineral owners are often subject to general oil and gas lease forms that include provisions benefitting the surface estate. LLC sought to enforce a provision in a 1948 mineral lease requiring Unitex WI, LLC and Unitex Oil and Gas, LLC (Unitex) to bury pipelines on the ranch land surface CT Land acquired in 2013.

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The Energy Law

SEPTEMBER 21, 2016

On September 2, 2016, the Texas Supreme Court agreed to review three oil and gas cases involving issues pertinent to the industry and land and mineral owners. BP America Production Company v. Red Deer Resources, LLC In BP America Production Company v. Briefing can be found here. ExxonMobil Corporation v. Lazy R Ranch, L.P. Lazy R Ranch, L.P.

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The Energy Law

JUNE 21, 2016

On June 17, 2016, the Texas Supreme Court ruled that an oil and gas producer (“Southwest”) was not entitled to a statutory exemption from sales taxes on its purchases of casing, tubing and pumps used in the production of oil and gas (the “Equipment”). At issue in Southwest Royalties, Inc.

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Valor

FEBRUARY 24, 2025

February 24, 2025 Edition At Valor, our goal is to keep you informed of the latest news and updates from the oil and gas industry. Read m o re US oil and gas rig count hits highest since June, says Baker Hughes Summary : U.S. million bpd in 2025, while gas production is expected to rise to 104.6 The companys profits fell to $8.2

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The Energy Law

JANUARY 4, 2007

The Court will also hear arguments on the applicability of the discovery rule and fraudulent concealment to claims by oil and gas lessors. Liskow & Lewis attorney Butch Marseglia submitted an amicus curiae brief on behalf of The Texas Oil & Gas Association. Emerald Oil & Gas v. Emerald Oil & Gas Company, L.P.,

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The Energy Law

AUGUST 8, 2017

A vigorous dissent by Judge Bleich warns that, if maintained, the original opinion could have both “[d]evastating economic repercussions” for the lending industry, and “[s]erious and harmful impact on the oil and gas industry.” Tauren Exploration, Inc. , A detailed summary of that decision is available here. Chief Judge Henry Brown, Jr.,

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Oil Review Middle East

MARCH 11, 2025

Hunting will pay a 15% royalty to the sellers on revenue earned for a period of 15 years, post-completion. This breakthrough technology, which manipulates the resident down-hole ecology, offers operators an easy-to-deploy advanced tertiary oil recovery resulting in increased production and the lowering of lifting costs.

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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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Aresco

NOVEMBER 30, 2023

Intangible Drilling Costs (IDCs) play a crucial role in oil and gas investments, offering significant tax advantages that can enhance profitability for investors. These costs cover expenses that arent tied to physical equipment but are essential to drilling operations, such as labor, fuel, and site preparation.

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The Energy Law

JANUARY 6, 2009

While lease terminations are unusual once production occurs (the lease at issue terminated by its own terms for failure to pay royalty within 120 days of first production), the decision is important because of the Court’s construction of the pooling clause that appears in many Texas oil and gas leases. [link]

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The Energy Law

MARCH 2, 2009

By Natalie Barletta In Retamco Operating, Inc. the Texas Supreme Court holds that Republic Drilling, a California company, established minimum contacts with Texas by acting as the transferee of certain oil and gas interests. Retamco Operating sued Paradigm Oil in a Texas district court over unpaid oil and gas royalties.

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The Energy Law

MARCH 11, 2020

Last year, in another dispute over who should bear the cost of decommissioning offshore facilities, the Southern District of Texas held that a former sub-assignee of offshore operating rights was entitled to equitable subrogation from the record title owner and initial assignor. UNOCAL also reserved a 3% overriding royalty.

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Drillers

MARCH 24, 2020

Recently, the Nigerian government demanded more than $60 billion in back royalties under a production sharing agreement with the supermajors operating in the country. The operator of Egina is China’s CNOOC: Chinese oil companies are expanding internationally, and Nigeria is one of the destinations, despite the challenges.

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The Energy Law

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

MARCH 10, 2021

The Hills claim that TMR, and its successor operators, produced and sold minerals from underneath their property without their knowledge or consent. The Hills later added claims against Sunoco, who was the purchaser of oil produced by TMR and the other operators. 31:210 did not apply, and that the Hills’ argument that La.

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The Energy Law

MARCH 30, 2017

In Petro-Chem Operating Co., 1] In the case, an operator initiated a concursus action seeking to resolve ownership interest in minerals underlying property on which it was operating. 21] Prior to spudding the well, the operator faced weather delays and was required to obtain a CUA permit. [22] Flat River Farms, L.L.C. ,

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