Why am I always reporting on plaintiffs who wait too long to file their lawsuit?
In the latest Texas case, Trahan v. Mettlen, the Trahans sued in 2010 on a 2006 warranty deed....more
Halloween is approaching, so let’s talk poltergeists – troublesome spirits that haunt a specific location. Where do they come from? In Quality Environmental Processes, Inc. v I.P. Petroleum Company, Inc., it was from a faulty...more
Why would anyone buy property without access to a public road? Because it seemed like a good idea at the time, I guess. And often it is, until things change, “things” often being new and unfriendly ownership of the...more
Gas Flaring -
According to Earthworks, gas flaring in the Bakken and Eagle Ford Shale is out of control and tons of greenhouse gases are being fired into the atmosphere; therefore, we should ban fracking. According to...more
In Texas, more than your dog. Gilbert Wheeler, Inc. v. Enbridge Pipelines (East Texas), L.P. is good news for landowners. The Texas Supreme recognized the intrinsic-value-of-trees exception to the general rule for damages to...more
It looks like what you’d expect: a bunch of litigants spending lots of time at a courthouse in Goliad, Texas, with no end in sight. After much ”sprawl” in Harkins v. Northshore Energy it came down to the meaning of this...more
The Question -
In order to be a good faith purchaser, a party must not have actual or constructive notice of another’s rights. Northern Oil and Gas v. Creighton asked, When should the determination of whether a party...more
On August 27, in In re Heritage Consolidated, L.L.C., the Fifth Circuit Court of Appeals granted subcontractor’s lien rights to two oil and gas drilling contractors. The Court reversed a district court ruling which upheld a...more
Is freedom to contract a good thing for everybody? First Baptist Church of Roswell v. Yates Petroleum Corp. says yes, and confirms that the public policy in New Mexico is freedom to contract. In this case, it was to avoid...more
In Powder River Basin Resource Council v. Wyoming Oil and Gas Conservation Commission, the Wyoming Supreme Court held that the Wyoming Oil and Gas Conservation Commission has the burden of justifying the use of trade secrets...more
In French vs. Occidental Permian, Ltd. the Texas Supreme Court held that costs associated with injection of carbon dioxide into a reservoir in a tertiary recovery operation were properly deducted from royalties.
In 2006, Fred Houston created the Fred L. Houston Trust and placed into it the Tenneco lease, which had been producing since 1974. Ms. Williams was the trustee. The trust instrument declared the trust “… irrevocable and may...more
In August 1999, Brock and Tipton signed a Farm and Ranch Contract by which Tipton would acquire 519 acres in Montague County. (Lots of Brocks were parties to the contracts and the suit. I refer to them as one for...more
Let’s talk title disputes, especially ones between those with record title and those claiming title by possession:
- They are complicated (There were 229 defendants in today’s case)
- They happen when there is a lot...more
No. In 2008 as the Haynesville Shale was being developed at breakneck speed, companies rushed to lease and landowners banded together in groups in order to obtain the best terms. Landowner Mr. Walsworth joined the “Go...more
WHAT IS IT, FRACING OR FRACKING?
Having gone back-and-forth over how to spell the process, I’ve figured it out....more
As promised, on May 22, today’s post is a study of the personal injury issues raised by the defendants in Parr v. Aruba.
In this post we raise the question and discuss what the parties believe the answer should be....more
In their search for Utopia, some opponents of oil and gas drilling ignore innovation … What’s harmful now will forever be that way....more
Scriveners, when you add those “Other Provisions” in Article XVI of your model from JOA’s, are you sure that the document remains internally consistent, that no “Other Provision” conflicts with the form?...more
MDU Barnett Ltd. P’ship v. Chesapeake Exploration Ltd. P’ship is at least three things:
- The culmination of an unhappy relationship between an operator and non-operators.
- What happens when joint owners’ interests...more
Other than Solyndra, what comes to mind when you consider the DOE (assuming that’s on your mind when an alternative is the NCAA baseball postseason)?
Many view the DOE as does the CATO Institute....more
You might recall that North Dakota achieved nationwide notoriety when photos of flaring Bakken wells visible from space circulated around the news. According to the U. S. Department of Energy...more
The Texas Railroad Commission’s contractor, Superior, plugged the 708S-5 well on behalf of the Commission. Oops! The contractor plugged the wrong well. ...more
Our wardens at the EPA are “racing to turn out new regulations before the clock runs out on President Obama’s term”, says The Hill.
The EPA is revising its Mercury and Air Toxics Standards for coal fired power plants....more
As we know, the Parrs won a $2.9 million jury verdict against Aruba Petroleum for a nuisance created by gas wells near the Parrs’ home in Wise County, Texas. Let’s see what claims didn’t make their way to the jury. ...more