News & Analysis as of

Surface Estates

Oliva Gibbs LLP

Forgive Us Our Trespasses? Not if the BLM Has Anything to Say About It

Oliva Gibbs LLP on

True Oil LLC v. BLM is a recent opinion by the Wyoming Federal District Court, based on the appeal of an order out of the BLM Rawlins Field Office.  At issue was whether a fee surface owner can grant a subsurface easement...more

Mintz

The Osage Nation of Killers of the Flower Moon Fame Had a Big Win in Federal Court This Week

Mintz on

A Federal Judge in Oklahoma has ordered the ejectment of 84 wind turbines on 8400 acres of Osage County Oklahoma. The problem for the developers of the wind farm is that they leased the surface of those 8400 acres from the...more

International Lawyers Network

Buying and Selling Real Estate in Argentina (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER ARGENTINIAN LAW - I. INTRODUCTION. Below you will find a brief outline of the legal regulation of the acquisition of real estate property in Argentina, which is mainly governed...more

International Lawyers Network

Buying and Selling Real Estate in Argentina (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER ARGENTINIAN LAW - I. INTRODUCTION. Below you will find a brief outline of the legal regulation of the acquisition of real estate property in Argentina, which is mainly governed...more

White & Case LLP

Publication of relevant energy judicial criteria (Jurisdiction for COS validation and challenge of CRE and CNH acts)

White & Case LLP on

The Federal Judicial Branch published on August 14, 2020, on the Weekly Federal Judiciary, certain jurisprudence criteria related to the energy sector. In particular, the criteria relates to the jurisdiction of the District...more

International Lawyers Network

Buying and Selling Real Estate in Argentina (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER ARGENTINIAN LAW - I. INTRODUCTION. Below you will find a brief outline of the legal regulation of the acquisition of real estate property in Argentina, which is mainly...more

Gray Reed

Water: The Hot Commodity in the Permian and Elsewhere

Gray Reed on

It’s still true, “Whiskey’s for drinkin’, water’s for fightin’.” Gray Reed lawyers Brock Neizgoda and Steven Cooney spoke to TIPRO’s summer conference on the use, control and ownership of water in oil and gas operations. ...more

(ACOEL) | American College of Environmental...

Does The Mineral Owner’s Dominance Foreclose Environmental Advocacy by the Surface Owner?

Since the beginning of recorded mineral law, the owner of the mineral interests has enjoyed an elevated status in its relationship with the surface owner, resulting in the universally accepted notion that the mineral estate...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2019 #2

Environmental Groups Accuse Multiple Mining Sites of Violating Federal Regulations - "Allegations of 'egregious' violations of the federal Clean Water Act and the Surface Mining Control and Reclamation Act could be...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2019

Supreme Court Sides with Property Owners; Companies have No Right to Get Natural Gas Without Permission - "The Supreme Court said, 'A mineral owner or lessee has an implicit right to use the overlying surface to access...more

Bennett Jones LLP

Operators May Reduce Annual Compensation Under Surface Lease Agreements

Bennett Jones LLP on

On March 19, 2019, the Alberta Court of Queen's Bench (ABQB) ruled in Karve Energy Inc. v Drylander Ranch Ltd., 2019 ABQB 298 that the Surface Rights Board (Board) does not have the authority to interfere with the amount of...more

International Lawyers Network

Buying and Selling Real Estate in Argentina

I. INTRODUCTION. Below you will find a brief outline of the legal regulation of the acquisition of real estate property in Argentina, which is mainly governed by the Argentine Civil and Commercial Code (“CCC”). II....more

Gray Reed

Informal Description Dooms Oil and Gas Leases

Gray Reed on

Conoco Phillips Company v. Ramirez et al is a helpful reminder when preparing a document transferring title: “Family vernacular” is a great way to communicate in wedding toasts and funeral eulogies, not so much in land...more

Sullivan & Worcester

Converting Environmental Liabilities to Assets: Repurposing Inactive and Abandoned Mine and Mineral Processing Sites

Sullivan & Worcester on

Under the Brownfields Law of 2002, EPA and other federal agencies have established a variety of programs focused on promoting and funding the repurposing of abandoned mine lands (AMLs), broadly defined as lands, waters, and...more

BakerHostetler

Texas Supreme Court to Decide Whether Groundwater Estate Should Be Granted Accommodation Status Similar to Mineral Estate

BakerHostetler on

On October 14, 2015, the Texas Supreme Court heard argument in a case styled Coyote Lake Ranch, LLC v. The City of Lubbock, which dealt with the question of whether the accommodation doctrine should apply when a groundwater...more

Gray Reed

You Own the Oil. Do You Own the Rock?

Gray Reed 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

Spilman Thomas & Battle, PLLC

Oil & Gas Lessees Retain Important Rights in W.Va.

The Fourth Circuit Court of Appeals’ recent decision in Whiteman v. Chesapeake Appalachia, LLC, affirms the right of a mineral estate lessee to construct impoundments for the disposal of drilling mud, drill cuttings, and...more

Best Best & Krieger LLP

Proposed Revisions to Mining Inspection Form Could Decrease Local Control - Form Revisions Could Also Increase Burdens and Costs...

On March 14, the State Mining and Geology Board’s Policy and Legislation Committee will consider an expanded version of the Surface Mining Inspection Report that is required to be completed annually by cities and counties...more

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