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 […]
The Troubling Intersection of Royalty Disputes and Consumer Protection Laws
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.
Fifth Circuit Sets Dangerous Precedent for Oil-and-Gas Class Actions
Earlier this week, in Seeligson v. Devon Energy Production Co. LP, the Fifth Circuit reversed a Texas federal court’s decision to certify a class of mineral lessors who had sued Devon Energy for the alleged underpayment of royalties. While at first blush this may sound like a victory for the industry, precisely the opposite is […]
Complimentary Energy Law Breakfast Seminar
Kane Russell Coleman Logan PC’s Energy Practice Group will be hosting a complimentary breakfast seminar on November 8, 2018, from 8:00–10:30 a.m. at the Hess Club in Houston, Texas. Gain knowledge and practice insights—on contract negotiation, corporate taxation, and high-stakes litigation—to meet the day’s challenges at the office.
Offset Wells and the Ongoing “Fixed”-Versus-“Floating” Royalty Saga
In the latest episode of our energy law podcast, learn when an “offset well” is not an offset well, according to the Texas Supreme Court. Also, get up to speed on the latest installment in the ongoing “fixed”-versus-“floating” royalty saga that continues to confound courts and counsel across the Lone Star State.
Solid Drilling Waste Management and Recycling in the Oil Patch
In the latest episode of our energy law podcast, KRCL’s energy practice group leader, Tom Ciarlone, is joined by Blake Scott, President of Scott Energy Technologies. Blake explores cost-effective, risk-reducing, and often innovative strategies for solid drilling waste management and recycling.
The Neverending Story: “Fixed” vs. “Floating” Royalties in Texas
The Texas Supreme Court and our Courts of Appeals have now been struggling for years with the elusive distinction between “fixed” and “floating” royalties. In application, the difference between the two can have drastic and—depending on your position in a mineral title dispute—potentially catastrophic consequences.
SCOTX: When An “Offset Well” Is Not An Offset Well
As I wrote in a recent blog post, oil-and-gas leases will often include an offset drilling clause. Such clauses stipulate that, if a well is drilled on a neighboring tract in proximity to the leasehold, the lessee generally has three options: drill an offset well to prevent drainage; release acreage, so the lessor can independently […]