It is one of those arcane principles discussed at length in textbooks that manifests itself in the real world far less frequently: the rule against perpetuities, the notion “that no interest within its scope is good unless it must vest, if at all, not later than twenty-one years after some life in being at the creation of the interest.” Hunt […]
In Texas, the long-standing “rule of capture” controls claims for subsurface trespass predicated on hydraulic fracturing activities. The rule of capture is, of course, shorthand for the theory that landowners acquire title to the minerals they produce from wells on their land, even when some of the oil or gas migrates from adjoining tracts.
Although the New Year is still young, there are already many legal developments to report in the oil and gas sector. In no particular order, this is a cross-section of what has emerged at the intersection of the law and the energy industry thus far in 2018.
At the end of the year, I like to take stock—in summary form—of the leading decisions impacting the energy industry. Historically, this has been for my own personal reference, or something I share inside our firm with my partners. Since this crib sheet of sorts has been well received by my colleagues, I figured there […]
There were fireworks yesterday at an open public meeting of the Texas Railroad Commission, the state regulatory body responsible for keeping tabs on the oil and gas industry. Following a variety of routine housekeeping matters, the agency’s General Counsel appeared before the three elected Commissioners in lieu of the regulator’s Executive Director, Kimberly Corley. Commissioner Ryan […]
This week, KRCL’s energy law podcast addresses the fiduciary obligations of the executive rights holder to non-executive mineral interest owners, as well as an important appellate decision about acreage retention clauses keyed off of proration units. Also covered in this week’s episode: the Supreme Court of Texas agrees to settle a rift between the intermediate appellate […]
In a recent installment of Law360’s “Expert Analysis” series, KRCL trial lawyer Tom Ciarlone explained why—as the U.S. oil and gas industry recovers from Hurricane Harvey—operators must also be aware that force majeure clauses, excusing nonperformance during natural disasters, may not provide as much cover as they might think. Tom’s column can be found here.
The Seventh Court of Appeals in Amarillo has rejected a jury verdict in favor of Hunt Cimarron, in a hard-fought controversy over a West Texas mineral lease. The intermediate appellate court determined that the lease had come to an end by operation of its own terms. More particularly, Hunt Cimarron argued that the full leasehold […]
A jury verdict out of Oklahoma may be a harbinger of what’s on the horizon for the many battles being waged in courthouses across the country between operators of horizontal wells and the vertical drillers who say their wells have been damaged—or destroyed—by hydraulic fracturing. Also, the Fifth Circuit puts the kibosh on a pipeline […]
A member of KRCL’s Energy Practice Group, trial lawyer Tom Ciarlone, was the subject of the first installment of Law360’s new “Expert Analysis” series, What I Learned In My First Year, featuring attorneys’ true-life tales from the earliest days of their legal careers. You can read the article by clicking here.