The San Antonio Court of Appeals recently determined that the acceptance of royalty payments will not necessarily operate as a waiver of a mineral lease’s anti-pooling provision.
In the normal course, when landowners believe they have been underpaid royalties under an oil-and-gas lease, they sue individually. Most of the time the core claim is for breach of contract (notwithstanding that royalty-underpayment petitions are often littered with tertiary, throw-away causes of action that no one takes very seriously). As I have written in […]
In the latest episode of our energy law podcast, we discuss several appellate decisions from Texas that touch on class actions and farmout agreements.
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 […]
In the latest episode of our energy law podcast, learn when an “offset well” is not an offset well, according to the Texas Supreme Court. Also, get up to speed on the latest installment in the ongoing “fixed”-versus-“floating” royalty saga that continues to confound courts and counsel across the Lone Star State.
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 […]