In the latest episode of our energy law podcast, we discuss troubling developments at the intersection of class actions and consumer protection laws in royalty underpayment cases; the Texas Supreme Court’s latest pronouncements on the duties of executive mineral rights owners to non-executives; and a new appellate court decision that addresses when the acceptance of […]
Podcast: Royalty Underpayment Class Actions; Duties of the Mineral Executive; and Anti-Pooling Clauses
Failure to Launch: Eminent Domain Breaks Down in the Texas Legislature
Eminent domain proceedings in Texas are a complex process governed by multiple constitutions, laws, and regulations.[1] Through this process the Texas government, its agencies, and authorized private entities acquire land to advance initiatives relating to economic development, energy, transportation, public works, and utilities. However, eminent domain proceedings can leave private landowners feeling harassed or ripped […]
Energy-Related Bankruptcies on the Rise: Protecting Oil & Gas Royalty Interests
With the recent uptick in energy-related bankruptcies expected to continue for the foreseeable future (in one prominent example, industry giant Weatherford has just filed for Chapter 11 protection), oil and gas royalty owners need to be on alert. Because companies in financial distress usually fall behind on royalty payments, royalty owners, usually one of the […]
Goodbye Steel and Aluminum Tariffs! (For Mexico and Canada Metals)
In a recent KRCL Energy Practice Group seminar, I discussed the genesis and impact of metal tariffs imposed by the Trump administration. These Trump Tariffs have had a tremendous impact on energy infrastructure construction and midstream activities throughout the United States, prompting companies to seek relief (in the form of product exclusions) with the Department […]
SCOTX Hands Down Decision on Mineral Executive’s Obligations to Non-Executives
Last month, the Texas Supreme Court issued a decision that addresses the vexing situation in which the owner of the executive rights also owns the surface, but none (or virtually none) of the minerals. What is the duty of the executive rights holder in this situation?
Lessor’s Acceptance of Royalty Payments Did Not Waive Anti-Pooling Clause
The San Antonio Court of Appeals recently determined that the acceptance of royalty payments will not necessarily operate as a waiver of a mineral lease’s anti-pooling provision.
The Troubling Intersection of Royalty Disputes and Consumer Protection Laws
In the normal course, when landowners believe they have been underpaid royalties under an oil-and-gas lease, they sue individually. Most of the time the core claim is for breach of contract (notwithstanding that royalty-underpayment petitions are often littered with tertiary, throw-away causes of action that no one takes very seriously). As I have written in […]
Podcast: Royalty Class Actions and Farmout Agreements
In the latest episode of our energy law podcast, we discuss several appellate decisions from Texas that touch on class actions and farmout agreements.
Texas Supreme Court to Mineral Purchasers: Buyer Beware!
In the latest episode of our energy law podcast, learn about offset wells and liquidated damages as unenforceable penalties; the arrival of anti-SLAPP in the oil patch; and the Texas Supreme Court’s warning to mineral purchasers: buyer beware.
Can Consent Be Withheld Arbitrarily in the Oil Patch?
The Texas Supreme Court heard oral arguments last week in a case that has the potential to alter the landscape of the industry.