Charles Sartain

Charles Sartain

Gray Reed & McGraw, P.C.

Contact  |  View Bio  |  RSS

Latest Publications

Share:

A Cost-Free Royalty Clause That Works – Part Two: The Override

Welcome to part two of the hair-splitting decision in Chesapeake Exploration, L.L.C. v. Hyder. See our prior post about the basic facts....more

4/16/2014 - Energy Oil & Gas Royalties

Native Gas And Storage Gas: Who Owns It?

Northern National Gas Company vs. Approximately 9117 Acres in Pratt, Camden and Reno Counties, Kansas shows the relationship between Kansas oil and gas law and the Kansas Underground Storage Act (KSA §55-1201 et seq)....more

4/14/2014 - Energy Natural Resources Oil & Gas Storage Tanks

More On The Moral Case For Fossil Fuels And Other Topics

My recent post about Alex Epstein and the moral case for fossil fuels told only part of his story. He also says that the global warming “alarmists” have it all wrong. He refers to “unambiguous” data that CO2 emissions have...more

4/4/2014 - Climate Change Global Warming

Federal Court Calls General Partnership Interest A Security

Are general partnership agreements for oil and gas exploration considered “securities” governed by federal securities regulations? The U.S. Court of Appeals for the 10th Circuit thinks they could be. In SEC v. Jeffory...more

4/1/2014 - General Partnerships Mineral Exploration Oil & Gas SEC

The Moral Case For Fossil Fuels

Do bystanders see oil and gas producers as taking a stand for morality? Alex Epstein of the Center for Industrial Progress says they should. He approaches the value of fossil fuels in our society differently from most...more

3/27/2014 - Ethics Oil & Gas

A Cost-Free Royalty Clause That Works – Part One

Chesapeake Exploration, L.L.C. v. Hyder is another hair-splitting Texas decision about “cost-free royalties”. ...more

3/18/2014 - Energy Minerals Oil & Gas Royalties

Distributions From A Texas Trust Deemed Separate Property

Conventional wisdom is that a spouse’s earnings from separate property are community property. But it’s not that simple. In Benavides v. Mathis a Texas court denied wife Leticia’s claim to one-half of the income derived from...more

3/11/2014 - Community Property Divorce Estate Planning Separate Property Trusts

What Is A Bird Worth To A Regulator?

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

3/4/2014 - CITGO Energy Policy Environmental Policies Oil & Gas

Was The Royalty Reservation “Floating” Or “Fixed”?

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

2/27/2014 - Energy Oil & Gas Royalties Warranty Deed

Reaping What You Sow – City Of Dallas Sued By Trinity East Energy

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

2/19/2014 - Energy Mineral Rights Natural Gas Natural Resources Shale Gas

Mixed Result In A Louisiana Legacy Pollution Case

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

2/18/2014 - Contaminated Properties Groundwater Oil & Gas Premature Claims Ripeness Waste Disposal

For Success Against A Pipeline, Go To The Right Court

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

2/14/2014 - Energy Keystone XL Pipeline Oil & Gas Pipelines TransCanada

Is There Schizophrenia About Fracking?

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

2/12/2014 - Earthquakes Energy Fracking Oil & Gas

Rumblings From A Louisiana Seismic Agreement

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

2/4/2014 - Breach of Contract Natural Resources Oil & Gas

Title Troubles In Texas, North Dakota And Montana: Right Of Way v. Fee Conveyance

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

1/31/2014 - Contract Drafting Easements Quitclaim Deeds Title Examination

Fear Alone Won’t Get You An Injunction

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

1/28/2014 - Injunctions Restraining Orders

Technology Will Silence The Critics Of Drilling

Technology and innovation will resolve the issues, real and imagined, that confront hydraulic fracturing. I arrive at that opinion because of history...more

1/16/2014 - Energy Fracking Natural Gas Oil & Gas Technology

The Duhig Rule – State By State

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

1/7/2014 - Duhig Rule Energy Oil & Gas

Beware, The Stealthy Duhig Rule

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

1/2/2014 - Duhig Rule Mineral Rights Minerals Oil & Gas

Texas Court Declines Indemnity For One’s Own Bad Acts

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

12/24/2013 - Bad Actors Energy Indemnification Negligence Oil & Gas

Dallas City Council Passes Draconian Drilling Ordinance

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

12/17/2013 - Mineral Extraction Minerals Oil & Gas

Oral Transfer Of An Immovable Is Established In Louisiana

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

12/12/2013 - Assignments Estate Planning Heirs Mineral Rights Oral Contracts

How An Oil And Gas Scammer Avoided Justice

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

12/10/2013 - Breach of Duty Fiduciary Duty Oil & Gas Scams

Broker Loses His Override

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

12/6/2013 - Brokers Oil & Gas

Surface Owner’s Regulatory Taking Claim Denied

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

12/4/2013 - Energy Exploration Inverse Condemnation Oil & Gas Takings

75 Results
|
View per page
Page: of 3