Mineral Leases

News & Analysis as of

Pennsylvania and Ohio High Courts Issue Decisions Impacting Oil and Gas Operators

Supreme Court of Pennsylvania Declines to Extend Primary Term of Oil and Gas Lease - In Wayne Harrison, et al. v. Cabot Oil & Gas Corp., Case No. 75 MAP 2014 (Pa. Feb. 17, 2015), the Supreme Court of Pennsylvania...more

Pa. Supreme Court Denies Equitable Tolling of Oil and Gas Lease’s Primary Term

Last week, the Pennsylvania Supreme Court, on certification from the United States Court of Appeals for the Third Circuit, ruled that the primary term of an oil and gas lease would not be equitably tolled during the pendency...more

Texas Supreme Court Relaxes Its Grip on the Discovery Rule

The Texas Supreme Court – that elephants’ graveyard of claims and causes of action – has sided with a lessor-plaintiff who relied on the discovery rule to defeat a limitations defense. For the many with low expectations when...more

Pennsylvania Superior Court: Storage Activities Hold Production Rights Under "Dual Purpose" Lease

The explosion of natural gas production in the Appalachian Basin in recent years has led to litigation involving landowners trying to get out of existing oil and gas leases to take advantage of the fierce competition among...more

Louisiana Lessee Could be Liable for Withholding Information

A Quiz - You are in Louisiana and are described as having a “lesion beyond moiety”. What do you do? A. Contact your primary care physician for an appointment...more

Pennsylvania Superior Court Confirms “Or” Means “Or”

On February 4, 2015, less than one month after hearing oral argument on the matter, the Pennsylvania Superior Court affirmed the April 2014 decision of Greene County Court of Common Pleas Judge William R. Nalitz in Warren v....more

President Obama Opens up Atlantic Coast for Oil and Gas Drilling, Restricts Alaskan Waters

On January 27th, President Obama and Secretary of the Interior Sally Jewel announced that the Administration would take steps to open up portions of the United States Atlantic coastline for offshore drilling as part of the...more

Court Will Not Halt Horizontal Drilling Operation to Reach Adjacent Lessee’s Land

Using offsite locations for horizontal drilling is becoming increasingly popular as surface use becomes difficult. In Lightning Oil Inc. v. Anadarko Petroleum Corporation, the San Antonio Court of Appeals looked at what can...more

Proposed Outer Continental Shelf Oil and Gas Leasing Program

On Wednesday, January 28, as required by the Outer Continental Shelf Lands Act, Secretary of the Interior Sally Jewell and Bureau of Ocean Energy Management (BOEM) Director Abigail Ross Hopper announced the next step in the...more

Pennsylvania Governor Reinstates Ban on Oil and Gas Leasing in State Parks and Forests

On Thursday, January 29, 2015, Pennsylvania’s new governor, Tom Wolf, signed Executive Order 2015-03, thereby reinstating a moratorium on new leases for oil and gas development in state parks and forests. Wolf’s moratorium...more

Interior Department Proposes to Open Offshore Atlantic Region to Oil and Gas Leasing

The Department of the Interior today announced that it will publish for public comment a draft proposed Five-Year Program (“DPP”) governing the leasing of offshore oil and gas for 2017 through 2022.  Interior’s DPP will...more

The Sixth Circuit Holds That an Arbitration Clause in an Expired Contract Still Applies

Does the duty to arbitrate survive the expiration of a contract? The United States Court of Appeals, Sixth Circuit recently held “yes.” The Sixth Circuit became the first federal appeals court to examine whether a contract’s...more

Consider The Retained Acreage Clause

Have you ever wondered about the original purpose of the retained acreage clause? According to Professor Kramer, it was “to prevent the lessee from losing those portions of a lease that had productive wells thereon if the...more

Bankruptcy Sales: “It Ain’t Over ’Til It’s Over”

Great Plains Royalty Corp. v. Earl Schwartz Co. (In re Great Plains Royalty Corp.), 520 B.R. 292 (Bankr. D. N.D. 2014) – Two companies that acquired assets in a bankruptcy auction moved to reopen the case to clarify...more

2015 Oil and Gas Regulatory Outlook

The U.S. government recently announced plans for a number of regulatory initiatives in 2015 that will affect the oil and gas industry. Planned Federal Regulations Target the Oil and Gas Industry Twice per year, the U.S....more

Commonwealth Court Rejects Constitutional Challenge to Natural Gas Production on State-Owned Lands and Use of Lease Funds in...

The Commonwealth Court of Pennsylvania has dismissed a lawsuit filed by the Pennsylvania Environmental Defense Foundation (PEDF) to declare unconstitutional and enjoin natural gas extraction from State park and forest land....more

DOI Proposes Overhaul Of Federal And Indian Mineral Lease Royalty Valuation Standards

On January 6, 2015, the Department of the Interior’s Office of Natural Resources Revenue (“ONRR”) issued a proposed regulation that would substantially modify existing regulations in 30 C.F.R. Part 1206 for the valuation for...more

Industry Challenging County and Municipal Bans on Multiple Fronts

Municipalities and counties have joined forces with environmental groups to halt hydraulic fracking and related well stimulation techniques. Environmental groups have filed suits under the National Environmental Policy Act...more

Oil and Gas Restructurings: Exploration and Production Companies Face Unique Issues

The recent drop in oil prices will likely spur a flurry of industry restructurings, governed by a complex set of bankruptcy and state laws. Introduction - At the close of business on December 31, 2014, the...more

A Little-Used Doctrine Saves a Lease

Would this scenario keep you up at night? Your lease does not produce from May through August because a leak in a heater-treater makes it impossible or impractical to produce the well. Problems such as access to the site...more

Listen to the Words In the Injunction Battle

In Lightning Oil Company v. Anadarko E&P Offshore, LLC, the surface and 1/6 of the minerals of the Chaparral Wildlife Management Area is owned by the Texas Parks and Wildlife Department. 5/6th of the minerals is owned by the...more

Bankruptcy Sales: It Is A Good Idea To Confirm You Are Acquiring Everything You Need Before You Close

Agri Star Meat & Poultry, LLC v. Nevel Properties Corp. (In re Nevel Properties Corp.), 765 F.3d 846 (8th Cir. 2014) – The purchaser of assets from one bankruptcy debtor objected to the plan of reorganization filed by...more

Caution: Aggressive Interpretation of Broker-Dealer Registration Provisions Could Be Hazardous to Your Ability to Stay out of...

Let’s do some compare and contrast, starting with a fairly unremarkable case the SEC filed in the Northern District of Texas on November 20th. In that action, the Commission sued the father-son duo of Paul and Jeffrey Downey...more

More Seismic Rumbling in Louisiana

In Olympia Minerals et al v. HS Resources, et al, the Louisiana Supreme Court addressed a decision we discussed in a February entry by affirming in part, reversing in part, amending in part and remanding (because why do one...more

Avoiding “Gotcha” Moments: Excusing Non-Production to Address Mechanical Issues Under the Temporary Cessation of Production...

In Landover Production Company, LLC v. Endeavor Energy Resources, L.P., et al., the Texas Court of Appeals re-affirmed the application of the implied, “temporary cessation of production doctrine” to prevent an oil and gas...more

76 Results
|
View per page
Page: of 4