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 […]
Earlier this year, we brought you our first quarter update on major developments in oil and gas law in Texas and throughout the country. Now, we are back with our second quarter update. We began 2Q17 with a discussion of the intersection of the oil patch with class actions and the Fair Labor Standards Act; the federal […]
Our energy law podcast is back from a brief hiatus for the Independence Day holiday with a quick look at the legal developments in oil-and-gas law that July has brought us so far.
Increasingly, class actions are—for all intents and purposes—won or lost at the certification stage. After all, if a class is certified, especially under the heightened standards for class treatment that have been articulated by the United States Supreme Court in recent years, the exposure for defendants in the vast majority of cases is simply too […]
In this week’s edition of our energy law podcast, you’ll learn about multiple decisions that came out of the Texas Supreme Court on Friday, which can directly impact your operations in the oil patch, as well as one of the first jury verdicts addressing the increasing trend of mineral lessors challenging the deduction from their […]
Featured in this week’s episode of our energy law podcast: the Texas Supreme Court issues new guidance for noise-and-pollution claims in the oil patch, as well as a landmark opinion on subsurface mineral trespass; Colorado energy regulators ask their state’s high court to clarify their responsibilities; another federal court strikes down an oil-and-gas class action […]
Join oil-and-gas litigation partner Tom Ciarlone for our energy law podcast, as he discusses the intersection of the oil patch with class actions and the Fair Labor Standards Act; the federal government’s liability for the environmental cleanup of refinery waste; and a shortsighted discovery ruling that could leave the Dakota Access pipeline vulnerable to terrorist […]
In the latest episode of our energy law podcast, Tom Ciarlone discusses the nation’s first legislative fracking ban and a lower bar for class certification in royalty underpayment actions, as well as multiple decisions out of the Texas Supreme Court that could spawn a wave of widespread mineral title disputes.
I have written previously about the ongoing debate surrounding the causal role of hydrofracturing—”fracing” for short, as the industry spells it, without a “k”—in what critics have dubbed “man-made” seismic activity. The hot-button issue is front and center once again, as a perfect storm of mainstream media attention and high-profile litigation have brought renewed focus to the controversial practice. Last week, […]
On March 2, 2016, Aubrey McClendon, the former head of Chesapeake Energy, was indicted on federal antitrust charges. One day later this pioneer and leader in the shale revolution tragically died in a car accident in Oklahoma. Although the criminal proceeding against him will be dismissed, the indictment has already given rise to federal class […]