What is a wild bird worth? Does it matter whether it is a Bald or Golden Eagle, of which here are few, or ducks and pelicans, of which there are enough (as least the ducks) so that hunters may shoot them for dinner. Does it...more
The question in Graham v. Prochaska: Did the grantors in a 1950 Texas warranty deed reserve a “floating” 1/2 royalty interest or a “fixed” 1/16th royalty?...more
Suppose I own a large tract of land in the region of the Barnett Shale, the exclusive right to allow (or prevent) drilling on the aforesaid land, and a desparate need for funds. You have $19 million and the desire to exploit...more
The Dietz family sued several lessees for injunctive relief and restorative damages arising out of leases on two non-contiguous tracts in Acadia Parish. In Dietz, et al. v. Superior Oil Company, et al the trial court granted...more
The first step in successfully challenging the Keystone Pipeline: Choose a court that has jurisdiction. Mr. Bishop learned that lesson the hard way in Bishop v. TransCanada Keystone Pipeline....more
Schizophrenia : A mental disorder characterized by a breakdown of thought processes and by impaired emotional responses. Common symptoms include delusions, such as paranoid beliefs; hallucinations and disorganized thinking....more
If the significance of a lawsuit can be gauged by the 23 lawyers and 10 firms identified in the opinion, Olympia Minerals, LLC, et al v. HS Resources, Inc., et al., is as noteworthy as Bush v. Gore, Brown v. Board of...more
If you examine titles or read title opinions, this post is for you.
I was recently examining instruments for an East Texas title opinion when I came across an instrument that, at first glance, appeared to be an...more
With apologies for being absent for a week, ponder this question when you embark on a fight with the officers and directors of the energy company you own a part of: How does your subjective fear of harm factor into your right...more
Technology and innovation will resolve the issues, real and imagined, that confront hydraulic fracturing. I arrive at that opinion because of history...more
As promised in our last post, here is a state-by-state review of the Duhig Rule - who has adpoted it, who hasn’t, and who might.
Texas – Duhig v. Peavey Moore Lumber Company, 135 Tex. 503, 144 S.W.2d 878 (1940) was a...more
Johnson v. Finkle, from North Dakota, centers around the long-standing but oft-forgotten headache that is the Duhig doctrine. If you aren’t familiar, you should be. ...more
We begin with a philosophical question: Should a person be rewarded for bad behavior? Despite twerkee Molly Cyrus (and her daddy), the Kardashians and, at least for a while Richard Nixon, the answer should be, no. ...more
It was a triumph of hysteria over common sense, a thrashing of science at the hand of ignorance, capitulation to a small but loud minority of NIMBY protestors. The City of Dallas has passed one of the strictest drilling...more
In Louisiana, in order to have a valid oral transfer of immovable property under Civil Code Art. 1839, two requirements must be met:
Delivery must be actual—physical possession must be in the transferee who claims...more
Scoundrels often get away with their crimes by scamming lots of victims for small amounts, so that no one investor can afford to prosecute his claim. Big Rock Investors Association v. Big Rock Petroleum, Inc. was an...more
You won’t get what you don’t ask for. That’s a given.
Take Wade Oil & Gas, Inc. v. Telesis Operating Company, Inc., et al, for example. Wade, an oil and gas properties broker, entered into a contract with Telesis in...more
In Walton v. City of Midland, the surface owner of a 35 acre tract within the city limits of Midland, Texas, contended that a provision in a city permit for an oil or gas well was a regulatory taking because it required the...more
Oh, how a simple Favored-Nations clause in an oil and gas lease can get complicated, with large financial consequences! In BP America Production Company v. Zaffirini, BP paid Solis a $1,300 per acre bonus for a lease covering...more
Non-operators have had a lot in common with Br’er Rabbit ever since 2006, when the Texas Supreme Court surprised the industry in Seagull Energy E & P, Inc. v. Eland Energy, Inc. Their tar baby is the ruling that, absent a...more
There is a ”Rorschach” way to examine your thinking about the controversy over fossil fuels and global warming.
Psychologists use the Rorschach test to examine a person’s personality characteristics and emotional...more
Vestiges of the early Haynesville Shale land rush remain.
Imagine: The lease is about to expire. Lessee (Mecom) offers lessor (Henderson) $90 per acre for an extension, telling him, “I could extend for two more years...more
Ever the schoolyard bully, the EPA has been pushing its agenda against the will of the states, at least until the principal intervenes.
A minority (that’s the Republicans) report by the U. S. Senate Committee on the...more
The Bureau of Land Management released a new Instructional Memorandum 2013-151, clarifying the re-evaluation of bonds required for operations on federal lands. The purpose was to clearly define the terms and conditions now...more
Even if you aren’t the actual plaintiff in a lawsuit you can still be personally liable for breach of a covenant not to sue. It’s easy! Sign a release in your individual capacity, cause an entity you control to bring a...more