News & Analysis as of

Oil & Gas Private Property

Houston Harbaugh, P.C.

Pore Space Ownership: The North Dakota Supreme Court Issues Landmark Decision

Houston Harbaugh, P.C. on

Let’s assume you own a 93-acre farm in Tioga County. In 1986 your grandfather sold the oil and gas rights to his neighbor, John Mize. In the early 1990’s, Mr. Mize signed an oil and gas lease with XYZ Drilling. Several years...more

Gray Reed

Louisiana Oil Pipeline Expropriation System is Constitutional

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The battle lines between pipeline companies and landowners are still being drawn. In Bayou Bridge Pipeline v. 38.00 acres nobody had a gun, nobody got taken away, and one side was right and one side was wrong....more

Foley Hoag LLP - Global Business and Human...

Trump Administration's Proposed Prosecution of Pipeline Opponents: Weighing Human Rights Obligations and Congressional Support

The Trump Administration is using the reauthorization of a pipeline safety statute as an opening to insert new provisions that would give U.S. authorities broader latitude to thwart and criminalize the activities of...more

Dentons

Iowa Landowners Disappointed by Iowa Supreme Court Eminent Domain Decision

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On May 31, the Iowa Supreme Court decided Texas-based company, Dakota Access, lawfully used the state’s power of eminent domain to seize land from Iowa citizens for the Bakken oil pipeline. The decision follows the...more

Flaster Greenberg PC

Marcellus Shale Update – When the Snow Turns Green

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Residents of the Siberian town of Pervouralsk have been horrified by a sight they never expected – green colored snow. Vladimir Putin’s Russia, in the same way as the Communist Soviet Union, industrializes with little regard...more

Clark Hill PLC

Proposition 112 and Amendment 74 – Big Implications for Colorado

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Two upcoming Colorado ballot initiatives could have enormous implications for the state’s natural resources. Proposition 112 - What It Does: Proposition 112, known during the petition process as Initiative 97, proposes...more

Snell & Wilmer

In Colorado, Ballot Initiatives Are Back in Full Force

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As primary season for midterm elections gets underway, so too does canvasser season. In Colorado alone, canvassers are out in full force and looking to get enough voter signatures for a number of different initiative statutes...more

Spilman Thomas & Battle, PLLC

The Saga of Pennsylvania's Act 13 Comes to an End

With a bang, rather than a whimper, the saga of Pennsylvania’s Act 13 appears to have finally come to an end. On September 28, 2016, nearly three years after giving teeth to the long-dormant environmental rights amendment to...more

K&L Gates LLP

Greater sage-grouse and land use in the inter-mountain west

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The greater sage-grouse—a ground-dwelling, chicken-like bird—has been the focus of controversy pitting conservation against energy development and ranching interests across the inter-mountain west. The greater sage-grouse’s...more

Holland & Knight LLP

2015 Florida Legislative Update: Environment, Growth Management and Water

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The Florida Legislature concluded its 2015 regular session on May 1, 2015. However, for all practical purposes, the session ended on April 28, when the House unexpectedly adjourned three days early after it became clear the...more

Baker Donelson

Texas Becomes First State to Ban Fracking Bans

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On May 18, 2015, Texas Governor Greg Abbott signed House Bill 40 into law, putting restrictions on the ability of municipalities to regulate the oil and gas industry in their jurisdictions. Because the bill passed both the...more

Locke Lord LLP

Locke Lord QuickStudy: What’s Underground Is Still Up For Grabs in Texas

Locke Lord LLP on

Since the first oilman drilled the first water disposal well, cases have come through the courts in the U.S. trying to determine what rights each estate owner has, as well as the potential liability attributable to using...more

Porter Hedges LLP

Litigation Alert: "Texas Appellate Court Says Pipeline Must Convince Jury of Common Carrier Status in Condemnation Case"

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An intermediate Texas appellate court has called for an extensive jury role in the ongoing issue of determining when a pipeline is a common carrier. Common carrier status is critical to the pipeline company’s ability to use...more

Snell & Wilmer

Beneath the Surface: Entek GRB, LLC v. Stull Ranches, LLC and the Continuing Battle Between Surface Owners and Subsurface Owners

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On August 14, 2014, the Tenth Circuit vacated and remanded the lower court’s decision regarding a dispute between a surface owner’s and a subsurface owner’s respective rights to access and enjoy land and property rights. ...more

BakerHostetler

Suit by Denton, Texas, Royalty Interest Owners Could be Harbinger of More Suits If Proposed Hydraulic Fracturing Ban Passes

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Ahead of the November 4th vote that could make it the first city in Texas to ban hydraulic fracturing, the City of Denton has been sued by a group of royalty interest owners claiming that the city’s current temporary ban...more

King & Spalding

DISPUTE RESOLUTION: Business Litigation Important Texas Water Rights Case Could Affect Oil & Gas Activities as Well by Brannon...

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The Texas Supreme Court recently issued an important decision on a groundwater rights question that had gone unanswered for more than a century. In Edwards Aquifer Authority v. Day, the Court held that Texas property owners...more

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