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Read need-to-know updates, commentary, and analysis on Energy & Utilities issues written by leading professionals.

The “Ugly” Property Next Door is Ruining My Property Value

by Snell & Wilmer on

Traditional bases for private nuisance claims include circumstances where noise, light, vibration, or odor emanating from a neighboring property harm the value of your property. Such bases can be objectively verified and...more

Does Texas Have a New “Rule” in Conveyancing?

by Gray Reed & McGraw on

Subject-to, reservations-from, and exceptions-to problems have been lurking in the shadows of Texas jurisprudence for a while now, and the courts have been all over the map in recent holdings....more

An Oil Patch Morality Play – Part 1

by Gray Reed & McGraw on

You are selling properties. The buyer thinks you own the deep rights but you know your long-time partner owns them. You attend the closing. You don’t tell the buyer that he’s got the ownership wrong. You are protected by a...more

Another Oil Field Contamination Plaintiff Waits Too Long

by Gray Reed & McGraw on

Suggestions to Texas lessors after ExxonMobil v. Lazy R Ranch, et al: Claiming that you were not aware of contamination from oil spills you’ve know about for 20 years is a tough sell, and suing your long-time lessee for...more

An Unusual Way To Hold an Oil and Gas Lease

by Gray Reed & McGraw on

Here is what we believe is an unusual situation: A gas unit is formed. The gas well ceases to produce. Another gas well produces from an oil unit, but the lease at issue is not included in the oil unit. Is the lease...more

Oil Field Contamination Award Upheld

by Gray Reed & McGraw on

Forest Oil Corporation v. El Rucio Land and Cattle Inc. et al deserves your attention for four reasons: You won’t see another one involving damage to a rhinoceros pen...more

Estimates from Common Metering System are Insufficient to Maintain Oil and Gas Lease

by Reminger Co., LPA on

Recently, the Seventh District Court of Appeals of Ohio in Joseph and Anna Lang v. Weis Drilling Company, et al., Slip Opinion No. 2016-Ohio-88213, held that estimates derived from a common metering system are insufficient to...more

Mineral Lease Prevails in Louisiana Royalty Dispute

by Gray Reed & McGraw on

Prevails over what, you ask? In Gladney v. Anglo-Dutch Energy, LLC, a conditional allowable from the Office of Conservation didn’t supersede lease royalty obligations....more

Award for Nuisance From Gas Wells Squelched

by Gray Reed & McGraw on

It was a bad day for the Parrs in Aruba Petroleum v. Parr. The trial court judgment was against the operator for intentional nuisance. The Parrs recovered $2.9 million for pain and suffering and mental anguish and for loss of...more

Quality Built Homes Revisited: The Court of Appeals Weighs In On Critical Issues

by Poyner Spruill LLP on

If you happen to work in local government, are a developer who has worked with a local government, or simply have an interest in the world of municipal water and sewer services, you are no doubt aware of the North Carolina...more

Have You Reviewed Your Lease Maintenance Processes Lately?

by Gray Reed & McGraw on

You might conclude that the but-for-the-grace-of-God-that-could-be-me nightmare presented in In re: RPH Capital Partners is instructive only for lawyers. If so, you would be mistaken. The lesson: If you want to win the...more

Securing Rights-of-Way to CO2 Pipeline Corridors in the United States

In the previous article in this series The Future of Carbon Dioxide Injection EOR in the United States, we discussed the sources and cost of CO2 supply for enhanced oil recovery (“EOR”) in the United States and the benefits...more

Gavel to Gavel: Shifting water courses may affect property rights

by GableGotwals on

As anyone who has spent significant time near a western Oklahoma river is likely aware, our water courses tend to be shallow, with beds composed of loose, sandy soil. These characteristics make western Oklahoma rivers...more

Operator – Don’t Get Burned by Paying an Insolvent Contractor

by Gray Reed & McGraw on

Just received notice of a Texas subcontractor’s mineral lien? DO NOT continue to pay the contractor. He hasn’t paid the subcontractor. Think you owe nothing on the well on which the lien will be filed? Think what you owe the...more

Supreme Court Allows Early Challenges to Wetlands Jurisdictional Determinations

by Poyner Spruill LLP on

The U.S. Supreme Court has ruled that a property owner can go to court to challenge a determination by the Army Corps of Engineers (Corps) that part of the property is “waters of the U.S.” or connected wetlands and therefore...more

Louisiana Partition Agreement: You Can’t Trade What You Don’t Own

by Gray Reed & McGraw on

Square Mile Energy LLC v. Pommier considered this language in a Louisiana partition agreement: “N.B: Included in this transfer are any and all mineral rights, when available, to Roxanne and all surface rights.” Did this...more

Midstream Contracts Remain in Doubt in Bankruptcy

by King & Spalding on

By now, both producers and midstream companies are aware of the Bankruptcy Court decisions in the Sabine bankruptcy proceedings (i) rejecting the gas gathering agreements as executory contracts and (ii) determining that the...more

What’s Mine, Is Yours - Adverse Possession Against the Co-Owner in West Virginia

The question of whose land and/or minerals is whose in West Virginia is as old as the Appalachian Mountains. When it comes to natural gas titles and possession, one must take heed. Adverse possession is a doctrine under...more

The Shale Bankruptcy Boom Moves Midstream

The shale boom has given rise to another, less welcome boom: the bankruptcy boom. Thirty-five exploration and production (“E&P”) companies sought bankruptcy protection between July 1, 2014, and December 31, 2015, and this...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

"Recent Case Highlights Opportunity for Distressed Exploration and Production Companies"

On March 8, 2016, a bankruptcy court in the Southern District of New York issued a much-anticipated decision, In re Sabine Oil & Gas Corporation, that will undoubtedly influence the reorganization strategies of certain...more

108 Year-Old Lease Survives

by Gray Reed & McGraw on

A baseball question: You’ve got men on late in the game; a base hit to the right side wins. Do you put the bat on the ball for a single or swing for the deep seats, risking the game-ending strikeout?...more

Third Circuit Reaffirms High Burden To Establish Delegation Of Class Arbitrability Determination

by Carlton Fields on

Earlier this month, the Third Circuit Court of Appeals reaffirmed its holding that the availability of class arbitration constitutes a question of arbitrability to be decided by courts unless the arbitration agreement...more

UPDATE: Pa. Commonwealth Court Affirms Trial Court Decision Permitting Use of Eminent Domain by Pa. Gas Utility to Supply Private...

by Reed Smith on

A three-judge panel of the Pennsylvania Commonwealth Court, in a pair of memorandum opinions, recently affirmed a trial court decision authorizing a natural gas public utility to use its eminent domain power to condemn an...more

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