News & Analysis as of

Post-Production Issues and Oil & Gas Leases

So your oil and gas lease has now converted from the primary term to the secondary term – now what? There are several issues that a landowner or mineral interest owner should be aware of at this stage of the lease. ...more

Federal Court Holds that an Eastern Ohio Oil and Gas Lease Expired before Drilling in a Potentially Costly Ruling

In a recent case, Cameron v. Hess Corporation, Case No. 2:12-CV-00168 (September 24, 2013), the United States District Court for the Southern District of Ohio held that an eastern Ohio oil and gas lease entered into by Hess...more

Reseeding With Native Grasses After Operations – Keeping The Eagle Ford Native

How is a producer to deal with a demanding and formidable lessor’s insistence on stringent surface protection? How about demands from environmental groups and government entities?...more

Deduction Of Post-Production Costs From Gas Royalties – Another Lesson

Consider this while celebrating the resurrection of Big Tex: When a lease prohibits post-production cost deductions, can a lessee deduct those costs from a lessor’s royalty? Yes, says Potts v. Chesapeake Exploration, L.L.C. ...more

Oil and Gas Blog - Apparent Authority of a Landman, an Independent Contractor

In PanAmerican Operating, Inc. v. Maud Smith Estate, the Texas Court of Appeals for the Eight District addressed risks associated with working through independent landmen....more

When Is The Client Liable For The Acts Of The Independent Landman?

PanAmerican Operating Inc. v. Maud Smith Estate highlights the perils of working through independent landmen: maintaining enough control to be sure the work is done as you like it, but also wanting authority to disavow his...more

Legislative Update: Pa. Passes Oil and Gas Lease Act Share

On July 9, 2013, Governor Corbett signed the Oil and Gas Lease Act, Senate Bill No. 259 of 2013 (the "Act"), which amends Pennsylvania's Guaranteed Minimum Royalty Act....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

Must An Oil And Gas Lessee Accommodate A Cattle Operation?

At Looper Reed we advise our clients that it is good business to accommodate your neighbor informally, if you can. Sometimes that leads to attempted world domination, as Chamberlain learned from Hitler in 1938....more

Oil And Gas Bills Passed By Texas Legislature

The regular session of the 2013 Texas Legislature is over and now it’s time to assess the damage. ...more

Oil and Gas Lease a Proprietary Interest Under the Alberta PPSA

Last week we discussed the decision of the Alberta Court of Queen’s Bench in Kasten Energy Inc. v. Shamrock Oil & Gas Ltd., 2013 ABQB 63 and, in particular, the Court’s concise summary of the applicable test for the...more

Fracking Stymied On Federal Lands In California

In an opinion with as many acronyms as the Dallas Cowboys have draft-pick detractors, a California federal court in Center For Biological Diversity v. Bureau of Land Management, held that the BLM violated the National...more

U.S. District Court Says BLM Must Address Environmental Impacts of Fracking - Court Finds Fracking Operations are Subject to NEPA...

In an order addressing hydraulic fracturing (fracking) on federal lands, the U.S. District Court for the Northern District of California ruled that the Bureau of Land Management (BLM) violated the National Environmental...more

CBD v. Salazar And The Way Forward For Fracking In Federal Minerals

On March 31, 2013, a magistrate judge with the U.S. District Court for the Northern District of California ruled that the U.S. Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA) in issuing...more

BLM Fails to Review Fracking Impacts of Oil & Gas Leases in California

The U.S. District Court in San Jose recently found that the Bureau of Land Management (BLM) failed to adequately review the environmental impacts of fracking on four oil and gas leases it recently auctioned off in the...more

The 1956 Model Form JOA Does Not Apply To Future Leases

I learned to drive on an old, black, stick-shift, straight-six, no-radio, no-A/C automobile manufactured the year after the AAPL’s first Form 610 - Model Form Operating Agreement was created. The ’57 Chevy is now considered...more

The Alaska Constitution and Alaska Oil and Gas Projects

In the March 29th decision of Sullivan v. Resisting Environmental Destruction on Indigenous Lands (REDOIL), the Supreme Court of Alaska held that the Alaska Constitution requires only one “best interest finding” (that an oil...more

Compulsory Unitization Undermines Texas Values (Rhetorically Speaking)

Texas’s proposed Oil and Gas Majority Rights Protection Act(House Bill 100) has many detractors whose reasons are intense and varied. Here are some of them...more

Pennsylvania Legislature Considers Additional Requirements for Releasing Oil and Gas Leases

Proposed Pennsylvania legislation would create additional requirements for oil and gas exploration and production companies when releasing oil and gas leases. Currently, there are no statutory duties for lessees regarding the...more

Environmental Groups Say Further Environmental Review Needed to Address Fracking Impacts

In a case pending in the Northern District of California, the Center for Biological Diversity and the Sierra Club recently urged a federal judge to rule that the Bureau of Land Management (BLM) violated the National...more

TRANSACTIONAL: Financial Restructuring: Oil and gas "leases" and farmout agreements in bankruptcy proceedings

Most people think of an oil and gas mineral “lease” as, so named, a lease. However, this common thinking is not necessarily accurate, both with respect to state and federal law and in particular in the bankruptcy courts in...more

Energy Newsletter - February 2013

In This Issue: - DISPUTE RESOLUTION: - International Arbitration: EU Member State Defends Measures Adverse to Energy Sector Investments on the basis of EU law - REGULATORY: - Competition Law/Russia: Russia...more

Hydraulic Fracturing: New Developments in Water Disposal Reuse and Recycling

In This Presentation: • Water Consumption & Reuse Projections • Regulatory Overview – Federal: UIC exempton/EPA Study – State: RRC MOU/Rule Proposals • Property, Ownership, and Common Law Issues • Earthquake...more

Oil and Gas Leasing and Development: A Real Estate Lending Perspective

The Marcellus, Utica and other Shale gas plays have been an economic boon to landowners, the oil and gas industry, and the states and communities in which production is occurring. The impacts of shale oil and gas development...more

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