News & Analysis as of

Well Drilling

Drill on Through to the Other Side: No Trespass When Drilling Through Mineral Estate with Surface Use Agreement

by Blank Rome LLP on

Action Item: The Texas Supreme Court annunciated two critical points in Lightning Oil Co. v. Anadarko E&P Onshore: (1) unauthorized interference may be a trespass only when it impacts the mineral lessee’s ability to exercise...more

Texas Subsurface Trespass Law Clarified

by Gray Reed & McGraw on

We know that in Texas the mineral owner has the right to explore for and produce the minerals. What does that leave for the surface owner? In Lightning Oil Company v. Anadarko E&P Onshore, LLC the Texas Supreme Court tells us...more

Supreme Court Decides Bolivarian Republic of Venezuela v. Helmerich & Payne International Drilling Co.

by Faegre Baker Daniels on

On May 1, 2017, the Supreme Court decided Bolivarian Republic of Venezuela v. Helmerich & Payne International Drilling Co., No. 15-423, holding that a federal court has jurisdiction over a lawsuit against a foreign sovereign...more

Nigerian Natural Gas Drilling Rig Explosion Class Action Blown Away

by Carlton Fields on

The Northern District of California recently denied a motion for class certification in a case against Chevron Corporation connected to a 2012 explosion at a Nigerian natural gas drilling rig and the environmental impacts of...more

Colorado Court Confirms Commission Improperly Denied Petition For Rulemaking

On March 23, the Colorado Court of Appeals issued a ruling reversing the trial court and the Colorado Oil and Gas Conservation Commission which had denied the petitioners’ request that the Commission, when promulgating rules...more

Louisiana Supreme Court Denies Writ Application in XXI Oil & Gas v. Hilcorp

by Liskow & Lewis on

On March 24, 2017, the Louisiana Supreme Court declined to consider the Louisiana Third Circuit Court of Appeal’s decision in XXI Oil & Gas v. Hilcorp. The Third Circuit’s decision involved the interpretation of Louisiana’s...more

US Army Corps of Engineers Updates Five-Year Nationwide Permits – USACE Generally Declines to Apply More Rigorous Limits, but...

by King & Spalding on

On January 6, 2017, the U.S. Army Corps of Engineers (USACE) reissued 52 nationwide permits (NWPs) and issued two new NWPs, along with general conditions and definitions. NWPs are a type of general permit authorized under...more

Blurry Boundaries of Oil & Gas Joint Ventures Under the Securities Act and the Exchange Act

by Locke Lord LLP on

In Sec. & Exch. Comm’n v. Sethi Petroleum, LLC, 4:15-CV-00338, 2017 WL 192666, at *1 (E.D. Tex. Jan. 17, 2017), the Eastern District of Texas, Sherman Division, issued an opinion that clarifies the often-blurry boundaries...more

85th Texas Legislature: Oil and Gas Roundup

by BakerHostetler on

On Jan. 10, 2017, the 85th regular session of the Texas Legislature convened in Austin, and already several bills are on the table that, if adopted, could impact the oil and gas industry in Texas. State Sen. Van Taylor,...more

Oil Industry Custom and the Model Form JOA: A Debate

by Gray Reed & McGraw on

We begin with an existential question: “The philosophy behind all of the model form agreements is that aggressive drilling under the JOA should be promoted and rewarded. Agree or disagree? ...more

The Rule Against Perpetuities is Alive and Enforceable in Oklahoma

by Gray Reed & McGraw on

Today we venture into Oklahoma, to be instructed on the Supreme Court’s treatment of the Rule Against Perpetuities. First, the Rule: No property interest is good unless it must vest, if all, not later than 21 years after...more

Fracking Fluid Dynamics: New Trade Secrets Movements

It is no secret that America’s energy industry depends upon the trade secret status of its products, techniques, and procedures for much of its continued success. As oil prices remain volatile, trade secret and intellectual...more

Interesting Stats from EIA on the Proliferation of Horizontal Drilling

by Kelley Drye & Warren LLP on

“In 2015 nearly 77% of the most prolific U.S. oil wells, or those producing more than 400 barrels of oil equivalent (BOE) per day, were horizontally drilled wells. For about 85,000 moderate rate wells producing in 2015,...more

Louisiana Statutory Penalties Imposed on Operator

by Gray Reed & McGraw on

If you’ve ever tried to escape penalties for the operator/producer’s failure to comply with La. R.S §30:103.1 and §103.2, take comfort in XXI Oil & Gas, LLC v. Hilcorp Energy Company. You are not alone. No excuse has...more

Eighth Circuit Holds Nonoperating Working Interest Owner and Engineering Contractor Not Liable For Negligence of On-Site ‘Company...

by BakerHostetler on

On Aug. 5, 2016, the United States Court of Appeals for the Eighth Circuit affirmed summary judgment in favor of a nonoperating working interest owner, Oasis, and its engineering subcontractor, RPM Consulting, holding that...more

Assigning By “Stratigraphic Equivalent”? Be Careful

by Gray Reed & McGraw on

How many of your mineral conveyances are described like this: … all of Sellers’ right, title and interest in and to (a) the oil, gas and other minerals in, to and under the lands … ONLY INSOFAR as such oil, gas and other...more

Alberta Judge Upholds No-Fault Provisions of CAODC Master Daywork Contract

by Bennett Jones LLP on

The Alberta Court of Queen’s Bench recently upheld the no-fault provisions of the standard form, Canadian Association of Drilling Contractors (CAODC) Master Daywork Contract (MDC) in Precision Drilling Canada Limited...more

Control-of-Well Insurance: The Words of the Policy Control

by Gray Reed & McGraw on

Gemini Insurance Company at al v. Drilling Risk Management Inc construed control-of-well and redrill/extra-expense provisions in an insurance contract. The question and the rule - The question was whether an...more

Cabot Oil & Gas Continues to Fight $4.24 Million Federal Court Jury Verdict on Landowners’ Nuisance and Negligence Claims

by BakerHostetler on

After a recent round of post-trial motion briefing in Ely v. Cabot Oil & Gas Corp., Case No. 3:09-cv-02284-MCC (M.D. Pa.), it appears one of the most heavily publicized landowner lawsuits against an exploration and...more

When is a Joint Venture a Security?

by Gray Reed & McGraw on

Parvizian controlled Arcturus and Aschere, buying and selling interests in drilling projects. Each project had a managing venturor which supervised the project. Each venture included a confidential information memorandum,...more

Alberta announces new drilling incentive programs

by Dentons on

On January 29, 2016, Alberta’s Royalty Review Panel (the “Panel”) issued its report (the “Report”) recommending a new modernized oil and gas royalty framework (the “New Framework”) that will apply to all new wells spud on or...more

Helis Oil & Gas Poised to Drill Well in St. Tammany Parish

by Baker Donelson on

On June 17, 2016, the Louisiana Supreme Court denied review of an appellate decision effectively terminating efforts by the St. Tammany Parish government and a group of citizens to block Helis Oil & Gas from drilling an...more

Significant developments in Canadian energy – for the month of June 2016

by Dentons on

June 22, 2016 – In response to the Redwater decision (discussed below) and pending the outcome of an appeal, the Alberta Energy Regulator (AER) implemented interim changes to its regulatory measures “to minimize risks to...more

A Development in Trade-Secret Cases

by Gray Reed & McGraw on

The big trade-secret case, Southwestern Energy v. Berry-Helfand, has been worked over by the Texas Supreme Court. Highlights: - Lack of certainty in damages does not preclude recovery. - A “Flexible and...more

Amendment to Louisiana’s Risk Fee Statute That Allows For Notices After Spudding Is Awaiting Governor’s Signature

by Liskow & Lewis on

Effective August 1, 2016, unless vetoed by the Governor, the Louisiana Legislature will have amended the Risk Fee Statute, La. Rev. Stat. Ann. § 30:10, which governs unit operations in the absence of a joint operating...more

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