News & Analysis as of

Oil & Gas Pooling Agreement

Oliva Gibbs LLP

Muscled Out While “Muscling In”: The Role of Actual Drainage in MIPA

Oliva Gibbs LLP on

In Ammonite Oil & Gas Corp. v. R.R. Comm’n of Tex., the Texas Supreme Court held that the Railroad Commission (the “RRC”) did not abuse its discretion in denying a “muscle in” application under the Texas Mineral Interest...more

Gray Reed

Texas NPRI Not Diminished by Pooling Ratification

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The takeaway from Hahn v. ConocoPhillips Company is that in Texas a NPRI holder may not diminish his rights by ratifying pooling of an oil and gas lease unless there are provisions explicitly purporting to do so....more

Gray Reed

Louisiana Operator Slapped by Appellate Court

Gray Reed on

Louisiana’s compulsory pooling scheme seeks to balance the interests of individual landowners and oil and gas operators to promote responsible development of natural resources. Because of compulsory pooling, operators are not...more

Gray Reed

Fair and Reasonable Offer Required Before Force-Pooling in Texas

Gray Reed on

Ammonite Oil and Gas Corporation v. Railroad Commission of Texas illustrates the difficulties faced by lessees attempting to force-pool a tract under the Mineral Interest Pooling Act.  In this case, the applicant Ammonite...more

Gray Reed

Supreme Court Introduces Totality of the Circumstances Test for Implied Ratification

Gray Reed on

“Ratification is not a game of ‘gotcha’”, said the Texas Supreme Court in BPX Operating Co. v. Strickhausen.  The Court, in a 5-4 opinion, addressed the standard for an oil and gas lessor’s implied ratification of an...more

Gray Reed

Lessor, Should You Cash That Royalty Check?

Gray Reed on

Did the lessor’s deposit of royalty checks for production from a pooled unit that she contends was improper ratify the improper pooling? In Strickhausen v. Petrohawk et al, a jury will have to sort out the answer....more

Steptoe & Johnson PLLC

Colorado Senate Bill 181 Signed by Governor Polis

Steptoe & Johnson PLLC on

Governor Polis signed the highly controversial S.B. 181 into law on April 16, 2019. Why is this important to you? S.B. 181, also known as “Protect Public Welfare Oil and Gas Operations” has been referred to as “landmark...more

Steptoe & Johnson PLLC

In the Know: Update on Colorado’s Senate Bill 181

Steptoe & Johnson PLLC on

As discussed in our March 13 post..., Senate Bill 181, introduced on March 1, proposed significant changes to Colorado’s long-standing oil and gas regulatory system. After a number of amendments from Senate and House...more

Snell & Wilmer

The Future of Oil and Gas Development in Colorado After Martinez

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Coloradoans continue to see fights over oil and gas development in the news. Following last month’s Colorado Supreme Court decision in COGCC v. Martinez, mineral owners in the Wildgrass neighborhood of Broomfield, Colorado,...more

K&L Gates LLP

West Virginia Confirms its Adherence to the Contract Theory for Pooling of Non-Participating Royalty Interests

K&L Gates LLP on

Recently, the Supreme Court of Appeals of West Virginia clarified an important issue for the oil and gas industry in Gastar Exploration, Inc. v. Contraguerro, affirming West Virginia’s adherence to the contract theory of...more

Locke Lord LLP

Locke Lord QuickStudy: Range Resources Case

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On March 6, 2015, the Texas Supreme Court decided a case involving the duties owed to the non-executive holder of a nonparticipating royalty interest by both the executive rights holder and the lessee that negotiated the...more

Locke Lord LLP

Locke Lord QuickStudy: Shades of Sheppard?

Locke Lord LLP on

In Wagner & Brown, Ltd. v. Sheppard, 282 S.W.3d 419 (Tex. 2008), the Texas Supreme Court held that the termination of Sheppard’s lease (Sheppard was the Lessor) did not terminate her participation in a unit into which her...more

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