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.
In this week’s episode of our energy law podcast, KRCL trial lawyer Tom Ciarlone discusses a variety of important new decisions covering issues ranging from the intersection of fraud with disclaimers of warranties of mineral title; to proper jury charges in cessation-of-production-in-paying-quantities cases; to key developments in federal fracking regulations and emerging bankruptcy law principles affecting the midstream sector.
January has been a busy month for courts in Texas and beyond in the oil-and-gas segment. In today’s post, we summarize several significant developments from the last thirty days that can be expected to have a lasting impact on E&Ps, pipeline companies, and other industry participants. Denbury v. Texas Rice Land Partners We begin with […]
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 […]
On Friday, the Texas Supreme Court ruled that production payments, like overriding royalty payments, cannot survive the termination of their respective oil and gas leases. In doing so, the Supreme Court stamped out a potentially “backwards” line of authority that we discussed in our post from September. It’s important to quickly review the lifespan of […]