News & Analysis as of

Oil & Gas Leases

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

BOEM Seeks Comments on the 2018 Draft Supplemental Environmental Impact Statement Relating to GOM OCS Lease Sale

by Baker Donelson on

On Thursday, March 30, 2017, the U.S. Bureau of Ocean Energy Management (BOEM) announced the availability of the Gulf of Mexico OCS Lease Sale: Draft Supplemental Environmental Impact Statement 2018 (Draft EIS). The Draft EIS...more

Was it a Mineral Deed or an Oil and Gas Lease?

by Gray Reed & McGraw on

How to distinguish an oil and gas lease from a mineral deed? In Richardson v. Mills, it was a deed when the instrument uses words like “forever” and imposes no duty to explore for and develop minerals....more

Outer Continental Shelf Leasing: BOEM Withdraws Controversial Sole Liability Orders

by King & Spalding on

On February 17, 2017, the Bureau of Ocean Energy Management (“BOEM”), which manages oil and gas leasing in the Outer Continental Shelf, announced that it is withdrawing previously-issued orders to sole liability property...more

BOEM Suspends Implementation of New Financial Assurance Requirements

by Baker Donelson on

The Bureau of Ocean Energy Management (BOEM) announced Friday, January 6, that it would suspend the implementation of the new financial assurance requirements relating to decommissioning obligations of lessees’ facilities on...more

Ohio Supreme Court Rules in Landowner Royalty Case

by Roetzel & Andress on

In a closely watched and long-awaited case with potentially sweeping industry-wide consequences, the Supreme Court of Ohio refused to adopt a default rule regarding deduction of postproduction costs from landowner royalties...more

Struggling to Produce: Heirs to Claimed Royalty Interest Acquired in Late 1800s in 9,200-acre Tract in Texas Fail to Pass...

by BakerHostetler on

On Monday, Oct. 10, 2016, dozens of claimed heirs to a one-half mineral interest allegedly obtained in the late 1800s in a 9,200-acre tract of land in Brooks County, Texas, filed a Petition for Review with the Texas Supreme...more

Louisiana State and Federal Courts Split Over Parties Entitled to Reports Under La. R.S. 30:103.1

by Liskow & Lewis on

La. R.S. 30:103.1 requires operators or producers of oil and gas units created by the Louisiana Commissioner of Conservation to provide reports containing information related to well costs and production to owners of...more

BOEM Updates Financial Assurance and Risk Management Requirements for Offshore Leases

by King & Spalding on

The Bureau of Ocean Energy Management (BOEM) recently announced revisions to its financial assurance and risk management requirements for companies holding oil and gas leases in federal waters. BOEM regulations establish a...more

Crude-by-Rail Update: Largest West Coast Terminal Proposal Suffocating Under Delay

by BakerHostetler on

The largest proposed crude-by-rail (CBR) transloading facility on the West Coast recently survived a major hurdle to its ultimate construction and operation—a lease extension. But with the proposed project enduring nearly...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

The Shale Play Today: First Quarter 2016

The Best Protection - Safeguards in Purchasing Distressed Oil and Gas Assets - In the current environment of depressed prices for oil, natural gas and related liquids, oil and gas wells, leases and properties are coming...more

Texas Appellate Court Sides with Energy Industry by Requiring Personal Injury Plaintiffs to Submit Expert Testimony in Nuisance...

by Reed Smith on

In a significant victory for the energy industry, on October 7, 2015, the San Antonio Court of Appeals affirmed summary judgment in favor of Marathon Oil Corporation, Marathon Oil EF, LLC (together “Marathon”) and Plains...more

Auction set for NJ offshore wind sites

by PretiFlaherty on

The U.S. government has scheduled an auction for the rights to lease two areas of federal ocean space off New Jersey for offshore wind energy development. The auction, to be held November 9, 2015, will be the fifth...more

North Dakota Supreme Court Addresses What Creates a Fiduciary Relationship with a Land Broker

by Stinson Leonard Street on

On September 21, 2015, the North Dakota Supreme Court found that a fiduciary relationship between an oil company and its landman could exist depending upon the existence of a confidential relationship. Irish Oil...more

You Own the Oil. Do You Own the Rock?

by Gray Reed & McGraw on

Riddle: What’s the difference between a hydrocarbon molecule and the underground structure which the molecule inhabits? Answer: In Texas, you can own one and not the other, according to Lightning Oil Co. v. Anadarko E&P...more

Pennsylvania Court: Using Property for Gas Storage Holds Production Rights Under “Dual Purpose” Leases

by McGuireWoods LLP on

A recent trial victory for Range Resources – Appalachia LLC and Columbia Energy Ventures LLC (CEV) fills gaps left by the prior leading decisions on “dual purpose” storage and production leases, and cements the rights of...more

Harrison Decision: Cabot Oil Denied Equitable Extension of Oil and Gas Lease

by Morgan Lewis on

The decision marks another departure by the Pennsylvania Supreme Court from “mainstream” oil and gas jurisprudence. On February 17, the Pennsylvania Supreme Court (the Court) unanimously ruled that state law does not...more

The Early Bird Catches the Worm: A Lesson in Submitting Drilling Applications Early to Avoid Expiration of Federal Oil and Gas...

by Stoel Rives LLP on

As many of you know, permitting delays are not only frustrating but can have real consequences for project applicants with contractual deadlines. In the case of a federal oil and gas lease, operators should be mindful of the...more

Consider The Retained Acreage Clause

by Gray Reed & McGraw on

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

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

by Beveridge & Diamond PC on

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

OCS Operators and Lenders Beware - Comment Period Ending on BOEM Risk Management, Financial Assurance and Loss Prevention Notice...

by Baker Donelson on

Monday, November 17, 2014, is the last day to provide comments to the Bureau of Ocean Energy Management (BOEM) in connection with its Advance Notice of Proposed Rulemaking (ANPR) with respect to risk management, financial...more

CO2 Separation Anxiety—Is the cost of separating CO2 from casinghead gas a “production” or “post-production” cost for purposes of...

by K&L Gates LLP on

In a recent decision, the Supreme Court of Texas concluded that the cost of removing carbon dioxide (“CO2”) from casinghead gas after completing enhanced oil recovery operations is a “post-production” cost, thus clarifying...more

BLM Agrees to Complete Hydraulic Fracturing EIS for Leases in California

by BakerHostetler on

A recent agreement between environmentalists and the Bureau of Land Management (BLM) may open the floodgates to challenges of the sufficiency of Environmental Assessments (EA) or Environmental Impact Statements (EIS) for oil...more

“2 Sign or Not 2 Sign:” Which Statute of Frauds Governs Oil & Gas Leases?

by K&L Gates LLP on

In a recent decision, the Pennsylvania Superior Court resolved an open question of state law regarding which one of two alternative statutes of frauds apply to oil and gas leases, in the process making clear that for an oil...more

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