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 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 the troubling intersection of division orders, joint tenancies, and estoppel.
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 second episode of Oil and Gas Law: In 5 Five Minutes or Less, KRCL’s new video series covering key legal developments for energy industry professionals, Tom Ciarlone examines a recent Texas Supreme Court decision on interpreting mineral leases and other oil-and-gas contracts.
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 Texas Supreme Court, beginning in 2017, began issuing a number of decisions altering the analysis for the interpretation of oil-and-gas agreements, principally mineral leases and conveyances. I wrote about many of these opinions as they were released: “Texas High Court Ruling Sows Confusion On Mineral Deeds” (Wenske v. Ealy) (Law360, subscription required)—chipping away at […]
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.