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 […]
Yesterday, the Secretary of the Interior, Ryan Zinke, signed an order that seeks to tamp down on delays in the permitting of federal land for oil-and-gas exploration and production activities. The Interior Department’s press release is available here, and the order itself can be accessed at this link. As of January 31st of this year, […]
Late last week, the Texas Supreme Court told a cautionary tale for operators with its unanimous opinion in Samson Exploration LLC v. T.S. Reed Properties Inc., which addressed the circumstance in which a well is situated within not just one pooled unit, but instead within two overlapping units. The operator, Samson Exploration, took it upon […]
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 […]
On Friday, a deeply divided Texas Supreme Court—in a surprising turn of events—disturbed long-standing rules for interpreting mineral conveyances in its 5-4 decision in Wenske v. Ealy. There, when the Wenskes bought property in Lavaca County in 1998, the sellers kept for themselves a 1/4th non-participating royalty interest (the “NPRI”). Five years later, the Wenske […]
In the latest episode of our energy law podcast: the Eighth Circuit makes it easier for plaintiffs to take fracing contamination claims to trial; the Texas Supreme Court rules on the validity of county-wide mineral conveyances; and the Oklahoma Supreme Court is asked to clarify the often vexing “marketable product” rule for post-production expense deductions. […]
For the second Friday in a row, the Texas Supreme Court has issued a watershed decision with sweeping implications for the oil-and-gas industry. Last week, the Court ruled that offsite penetration—horizontal drilling across one tract to reach a second tract—does not constitute mineral trespass. Yesterday, the Court decided an appeal that challenged, as ambiguous, a mineral […]
In a case that has been closely watched in the oil-and-gas industry, yesterday the Texas Supreme Court decided whether drilling through a mineral estate—one which is not under lease by the driller—to access a reservoir beneath a bordering tract constitutes a form of trespass. The operator in the case, Anadarko Petroleum, secured permission from the surface […]
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.