In the latest episode of Oil and Gas Law: In 5 Five Minutes or Less, KRCL’s video series covering key legal developments for energy industry professionals, litigation partner Tom Ciarlone discusses a mineral lease dispute that has percolated up to the Texas Supreme Court.
In a case with potentially far-reaching consequences, the Texas Supreme Court has agreed to review the Thirteenth Court of Appeals decision in Ellison v. Three Rivers Acquisition LLC, No. 13-17-00046-CV, 2019 WL 613262 (Tex. App.—Corpus Christi Feb. 14, 2019).
In the latest episode of KRCL’s energy law podcast, litigation partner Tom Ciarlone sits down with Brett Podkanowicz, in-house counsel for land and legal at Encore Permian in Midland, Texas.
In the latest episode of our energy law podcast, we discuss recent guidance from the Texas Supreme Court on interpreting oil-and-gas contracts; cross-jurisdictional differences surrounding the rule of capture and subsurface mineral trespass; and troubling class action developments for operators and other industry participants.
Last year, I wrote about Pennsylvania’s departure from Texas on the law surrounding trespass by hydraulic fracturing. As first stated in Coastal Oil & Gas Corp. v. Garza Energy Trust, 268 S.W.3d 1 (Tex. 2008), trespass claims for drainage by hydraulic fracturing are barred in Texas by the venerable “rule of capture”—shorthand for the theory […]
The second quarter of the year has seen abundant activity at the intersection of the energy industry and the law. These are some of the highlights.
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.
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 […]
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 […]
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 […]