On September 2, 2017, the Antitrust Division of the Department of Justice and the Federal Trade Commission (the “Agencies”) issued antitrust guidance for those engaged in commercial recovery efforts in the wake of Hurricanes Harvey and Irma. The guidance concedes that cooperation among federal, state and local agencies will be necessary in the rebuilding of […]
Force Majeure is a civil law concept (French for “superior force”), but in U.S. law it is largely a creature of contract. Force majeure comes into play when “acts of God” or other extraordinary events prevent contractual performance. In the wake of Hurricane Harvey, a number of energy companies have declared force majeure or announced […]
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 […]
In a recent installment of Law360’s “Expert Analysis” series, KRCL trial lawyer Tom Ciarlone explained why—as the U.S. oil and gas industry recovers from Hurricane Harvey—operators must also be aware that force majeure clauses, excusing nonperformance during natural disasters, may not provide as much cover as they might think. Tom’s column can be found here.
The Seventh Court of Appeals in Amarillo has rejected a jury verdict in favor of Hunt Cimarron, in a hard-fought controversy over a West Texas mineral lease. The intermediate appellate court determined that the lease had come to an end by operation of its own terms. More particularly, Hunt Cimarron argued that the full leasehold […]
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 […]
The Texas courts have continued to evaluate the nature and extent of liability that property owners have for the acts of independent contractors. As indicated in a new opinion from the Eastland Court of Appeals, this is highly relevant for owners, operators, and drillers. By way of background, the Texas Civil Practice & Remedies Code […]
A member of KRCL’s Energy Practice Group, trial lawyer Tom Ciarlone, was the subject of the first installment of Law360’s new “Expert Analysis” series, What I Learned In My First Year, featuring attorneys’ true-life tales from the earliest days of their legal careers. You can read the article by clicking here.
Yes, there’s an app for that! We’re excited to announce the release of custom iOS and Android apps for our podcast, Energy Law Round Up. Get the latest news and developments in oil-and-gas law pushed directly to your iPhone, iPad, or Android device. Download the iPhone/iPad app today by clicking here (http://tinyurl.com/energyios), or the Android […]
In this week’s episode of our energy law podcast, find out about new guidance for calculating royalties on federal oil and gas leases, the BLM’s termination of restrictive Obama-era fracking rules, and a cautionary tale for operators who might mistakenly assume that they have a security interest in the oil they sell to downstream purchasers.