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Strong Dissent Warns of “Devastating Economic Repercussions” of Second Circuit’s Decision in Oil & Gas Case

by Liskow & Lewis on

In Gloria’s Ranch, L.L.C. v. Tauren Exploration, Inc., the Louisiana Second Circuit upheld a trial court’s ruling that Wells Fargo, a mortgage lender with a security interest in a mineral lease, was solidarily liable with its...more

Pennsylvania Superior Court Splits from Own Precedent and Allows Unilateral Oil and Gas Lease Severance in Montgomery

by Blank Rome LLP on

Action Item: Lessees of oil and gas leases in Pennsylvania who have been assigned or are assigning less than all of the geologic strata under lease should give careful attention to whether those leases have been severed...more

Valuation Of “Different” Property In Condemnation — Does a Developed Market Exist?

When real property interests are acquired by the power of eminent domain, the owner is entitled to receive “just compensation” in the form of fair market value for the property taken....more

Louisiana Second Circuit Finds Holder of Mortgage Encumbering a Mineral Lease Solidarily Liable with Mineral Lessees for Damages...

by Liskow & Lewis on

In Gloria’s Ranch, L.L.C. v. Tauren Exploration, Inc., the Louisiana Second Circuit upheld a trial court’s ruling that the holder of a security interest in mineral leases was solidarily liable for damages under the Louisiana...more

West Virginia Court Pivots Toward Industry in Recent Post-Production Deduction Case

by McGuireWoods LLP on

A recent decision by the West Virginia Supreme Court of Appeals has called into question its own precedent on the permissibility of post-production deductions and the calculation of oil and natural gas royalties, reversing...more

Major Decision by the West Virginia Supreme Court of Appeals – Non-Participating Royalty Interest Owner Rights Clarified

On May 31, 2017, the West Virginia Supreme Court of Appeals issued a significant opinion regarding the clarification of rights for non-participating royalty interest owners (“NPRI”). In the opinion Gastar Exploration, Inc. v....more

Oil and Gas Industry Update: District Court Upholds Rejection of Sabine Gas Gathering Agreements

by Jones Day on

In a highly anticipated decision—HPIP Gonzales Holdings, LLC v. Sabine Oil & Gas Corp. (In re Sabine Oil & Gas Corp.), 2017 BL 83510 (S.D.N.Y. Mar. 9, 2017)—Judge Jed S. Rakoff of the U.S. District Court for the Southern...more

Texas Supreme Court Approves Top Lease of Reversionary Interest; Orders New Trial on Production in Paying Quantities

by BakerHostetler on

In BP America Production Co. v. Laddex, Ltd. (Case No. 15-0248), the Texas Supreme Court recently ruled that a top lease that is a conveyance of an interest in a lessor’s possibility of reverter does not violate the Rule...more

Valero Refining-Texas, L.P. v. Galveston Central Appraisal District: A Strategic Opportunity?

by K&L Gates LLP on

The Texas Supreme Court recently handed an owner of a Texas oil refinery a significant victory in Valero Refining-Texas, L.P. v. Galveston Central Appraisal District, No. 15-0492, 2017 WL 727276 (Tex. Feb. 24, 2017). In a...more

Texas Supreme Court to Hear Case on “Capability of Production” Under Shut-In Clause

by BakerHostetler on

On Sept. 2, the Texas Supreme Court granted review in a case that may clarify when a shut-in well’s capacity for production in paying quantities is determined. In BP America Production Company v. Red Deer Resources, LLC, No....more

Of Formal Offers and Multipliers: Court of Appeal Explains Costs Consequences in Key Oil and Gas Decision

In Stewart Estate v. TAQA North Ltd, (Decision) the Alberta Court of Appeal (Court) released its costs decision after a complex and lengthy appeal involving multiple appellants and respondents involved in a dispute regarding...more

Lessee Escapes Termination

by Gray Reed & McGraw on

Escondido and Justapor. Next up on Tiny Desk Concert? Good guess, but no. They are the parties in Escondido v. Justapor, a Texas case presenting the perils of lease termination clauses and vaguely-drawn contracts....more

Another Washout Case

by Locke Lord LLP on

The El Paso Court of Appeals recently continued the trend of Texas courts to allow washouts unless strictly forbidden by agreement. Anadarko Petroleum Corp. v. TRO-X, L.P., 031816 TXCA8, 08-15-00158, March 18, 2016....more

West Coast Real Estate Update: April 2016 #1

by Holland & Knight LLP on

Residential Communities: Calderon Process for HOAs Likely to Be Extended Again - The California Assembly Committee on Judiciary in early April unanimously passed Assembly Bill (AB) 1963 to extend the pre-litigation...more

U.S. Supreme Court to Decide "Critical Question" in Eminent Domain

by Stinson Leonard Street on

This summer, the U.S. Supreme Court will decide a critical question that will determine whether some landowners will receive compensation from regulations that restrict the uses of their land. The case, Murr v. Wisconsin, may...more

Pennsylvania Supreme Court holds estoppel by deed applies to oil and gas leases

by Reed Smith on

In the Court’s first decision on oil and gas issues since three new justices were elected, the Pennsylvania Supreme Court recently held that the doctrine of estoppel by deed applies to oil and gas leases. In Shedden v....more

PA Opinion Reassures Stakeholders That Estoppel By Deed Applies to Oil and Gas Leases

by McGuireWoods LLP on

The Supreme Court of Pennsylvania has recently confirmed that the doctrine of estoppel by deed applies to oil and gas leases and does not require detrimental reliance. See Shedden v. Anadarko, No. 103 MAP 2014, --- Pa. ---...more

Pennsylvania Court: Sublease of Production Rights Does Not Sever “Dual-Purpose” Oil and Gas Leases

by McGuireWoods LLP on

In a published opinion, the Pennsylvania Superior Court ruled that utilization of the subject land for gas storage held production rights under a “dual-purpose” lease providing for both storage and production. See Loughman v....more

Environmental Notes - March 2016

by Williams Mullen on

U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed - The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more

Complaint over FERC hydro project property transfers

by PretiFlaherty on

What happens when the holder of a Federal Energy Regulatory Commission license for a hydropower project buys, sells, or transfers real estate that is part of the project? A complaint recently filed with the Commission raises...more

Not So Fast My Friend: Implied Covenant to Develop and Non-Apportionment Subdivision Tracts

I can acquire a 2,000-acre lease in Ritchie County, West Virginia, held by production from one well, drilled in 1905. I can acquire a 100-acre lease with an affidavit of nonproduction from an individual who has owned...more

The Double-Fraction Dilemma: Intent-Focused Inquiry Prevails

by Jackson Walker on

As the oil and gas industry has moved away from the legacy of the 1/8th royalty, double-fraction language has generated a multitude of disagreements as to whether a royalty interest should be construed as "fixed" or...more

Ohio Supreme Court: Form Oil and Gas Lease Not Void as Against Public Policy

by McGuireWoods LLP on

Earlier this week, in an unsurprising but nevertheless meaningful decision, the Ohio Supreme Court unanimously ruled that the standard form oil and gas lease at issue was not “perpetual,” and thus was not void as against...more

US Suspends Coal Leasing on Federal Lands

by Latham & Watkins LLP on

Legal challenges to moratorium likely as US Department of Interior considers reforms. On Friday, January 15, 2016, US Department of the Interior Secretary Sally Jewell announced that the US will “pause” federal coal...more

Third Circuit Holds That Courts – Not Arbitrators – Must Determine Whether Arbitration Clauses Permit Class Action Arbitration

by Reed Smith on

The United States Court of Appeals for the Third Circuit, in a precedential opinion, recently held that courts, not arbitrators, must decide whether a class action dispute should be governed by arbitration unless the...more

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