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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

Default Notices and Freehold Leases: Take Two

There may be a sign that last year’s dire consequences for a freehold oil and gas lessee who does not quickly respond to a default notice by commencing legal proceedings may be moderating somewhat, at least in certain...more

Louisiana Court of Appeal Rejects Plaintiff's Attempt to Join Claims of Contamination of Separate Parcels with Different Lessees...

The Third Circuit Court of Appeal in Louisiana issued an opinion on December 11, 2013, that may have a profound impact on litigation related to contamination from historic oil and gas exploration and production operations in...more

How To Perfect And Enforce A Mineral Lien: Six Steps

If you furnish labor or materials to an oil or gas well and are not paid, then you should consider filing a mineral lien. Below are the steps to perfect a mineral lien....more

A Favored-Nations Clause Gone Awry

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

U.S. Court Rejects Challenge To CFIUS National Security Review

This blog previously reported in July 2013 on a lawsuit that Ralls Corporation brought against the President of the United States and the Committee on Foreign Investment in the United States challenging the President’s order...more

Lessee: Beware The Automatic Termination Clause

The fellow on the right is after your lease. The result in Cabot Oil & Gas Corporation v. Healey, LP was so bad for the lessee I’m going directly to...more

Oil & Gas Lessees Retain Important Rights in W.Va.

The Fourth Circuit Court of Appeals’ recent decision in Whiteman v. Chesapeake Appalachia, LLC, affirms the right of a mineral estate lessee to construct impoundments for the disposal of drilling mud, drill cuttings, and...more

Federal Courts Issue Significant Rulings Affecting Lease Extensions, Surface Uses for Natural Gas Production in West Virginia

Federal courts have issued two notable rulings recently that may have implications for other pending disputes in West Virginia, and could affect future lease negotiations between natural gas owners and producers. These...more

CEQA, Sausages, And The Art of The Possible: A Closer Look at SB 743’s General CEQA Reform Provisions

In a flurry of eleventh-hour activity following Senate President Pro Tem Darrell Steinberg’s withdrawal of SB 731 from consideration (see 9/13/13 post “Steinberg Drops Statewide CEQA Reform Bill (SB 731) After Meeting with...more

Lease Contests in the West Virginia Shale Plays

Over the past 18 months, landowners have filed independent actions in West Virginia state courts to invalidate oil and gas leases, some, if not all, of which have been removed to the federal court for the Northern District of...more

When Is A Notice-Of-Assignment Clause Not Effective?

A provision in a contract, no matter how unequivocal, does not always trump the law....more

Pa. Supreme Court Issues Decision in Butler Case

On April 24, 2013, the Pennsylvania Supreme Court issued its highly anticipated decision in the Butler v. Charles Powers Estate case. The Supreme Court decided to maintain the status quo in Pennsylvania by reaffirming the...more

EPA Will Continue to Apply the "Functional Interdependence" Test for Air Quality Source Determinations Outside of the Sixth...

Introduction - On December 21, 2012, the U.S. Environmental Protection Agency (“EPA”) issued a new guidance memorandum (the “Page Memorandum”) on single source determinations for the oil and gas industry under the Clean...more

Seventh Circuit affirms exclusion of unreliable expert testimony on valuation in condemnation actions

On August 21, 2012, the Seventh Circuit Court of Appeals issued an opinion affirming the decision of the United States District Court for the Central District of Illinois to exclude the testimony of the landowners' expert in...more

Texas Supreme Court Holds That an Electric Company Can Condemn Public Property Over Governmental Immunity Objection

The Texas Supreme Court issued an opinion on Friday, June 22,2012, in Oncor Electric Delivery Company, LLC v. Dallas Area Rapid Transit and Fort Worth Transportation Authority (Cause No. 11-0079)— holding that a recent change...more

Judge Reverses Own Decision to Extend the Texas Sales Tax Manufacturing Exemption to Include Oil and Gas Extraction Equipment

On April 11, 2012, Judge John Dietz issued a ruling from the bench in Southwest Royalties, Inc. v. Combs, Case D-1-GNU-09-004282 (Travis County 250th Dist. Ct.) to extend the Texas sales tax exemption for manufacturing...more

Pa. Supreme Court Endorses Subjective Test in Jedlicka

On March 26, 2012, in T.W. Phillips v. Jedlicka, the Pennsylvania Supreme Court affirmed the test for determining whether an oil and gas lease has produced in paying quantities depends on the operator’s good faith judgment...more

McAfee & Taft RegLINC - April 2012: Storage tanks By Chris Paul

Owners of land on which petroleum underground storage tanks are located are responsible for the cleanup of gasoline released (In re Huntington and Kildare Inc. v. Grannis, N. Y. App. Div., No. 512100, 11/3/11). Huntington and...more

Legislation Gives Landowners "Slight Edge" in Court When Mineral Rights Owner Is Unclear

Originally published in Marcellus Shale Law and Policy Update Legislation that gives landowners an early edge in court on certain disputes over mineral rights recently cleared the Pennsylvania Senate Environment...more

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