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.
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.
It is one of those arcane principles discussed at length in textbooks that manifests itself in the real world far less frequently: the rule against perpetuities, the notion “that no interest within its scope is good unless it must vest, if at all, not later than twenty-one years after some life in being at the creation of the interest.” Hunt […]
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 […]
On December 14, 2017, the Corpus Christi Court of Appeals decided Haywood WI Units, Ltd. v. B&S Dunagan Investments, Ltd., et al., a long-running dispute over the ownership of minerals in Liberty County. The decision addresses mineral deed interpretation issues and the recoverability of attorneys’ fees under the declaratory judgment statute where non-possessory interests such […]
This week, KRCL’s energy law podcast addresses the fiduciary obligations of the executive rights holder to non-executive mineral interest owners, as well as an important appellate decision about acreage retention clauses keyed off of proration units. Also covered in this week’s episode: the Supreme Court of Texas agrees to settle a rift between the intermediate appellate […]
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 […]
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 […]