In Liberty Petro. Corp. v. N.D. Indus. Comm’n, the Supreme Court of North Dakota addressed whether nonconsent risk penalties must be assessed on a well-by-well basis or can be recovered from overall unit production. The court…
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/ Administrative Law, Constitutional Law, Energy & Utilities
On January 20, President Trump issued several executive orders taking aim at former President Biden’s offshore oil and gas development bans, as well as overturning several other actions designed to boost climate protections. The…
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/ Energy & Utilities, Environmental Law
Assignments of interests in oil and gas leases often incorporate by reference outside agreements. This can be a helpful shortcut to avoid including every lengthy and confidential provision that was drafted during negotiations…
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/ Commercial Law & Contracts, Energy & Utilities, Real Estate - Commercial
Join Oliva Gibbs LLP's co-owners Brad Gibbs and Zack Oliva, alongside Partner Patrick Schenkel, as they delve into the intricacies of transactional law in the oil and gas sector. From navigating jurisdiction-specific challenges…
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/ Energy & Utilities, Environmental Law, Mergers & Acquisitions
In ConocoPhillips Co. v. Hahn, the Supreme Court of Texas addressed whether a “fixed” nonparticipating royalty interest (“NPRI”) was later converted to a “floating” NPRI. The court weighed two possible means of this conversion:…
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/ Civil Procedure, Energy & Utilities, Real Estate - Commercial
On January 6, President Biden announced an executive action affecting offshore drilling prior to the end of his term. Biden has issued a decree that will “permanently ban” new offshore oil and gas development in large portions…
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/ Elections & Politics, Energy & Utilities, Environmental Law
Introduction - “No one has a vested interest in any rule of common law.” Meech v. Hillhaven W., 776 P.2d 488, 494 (Mont. 1989). Luckily the Montana legislature has codified the common law rule of after-acquired title as a…
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/ Civil Remedies, Energy & Utilities, Real Estate - Commercial, Real Estate - Residential, Zoning, Planning & Land Use
Who has standing to challenge abandonment of a mineral interest under the Ohio Dormant Mineral Act (“DMA”)? Earlier this year in two cases, both styled Cardinal Minerals, LLC v. Miller, the 7th District Court of Appeals of Ohio…
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/ Civil Procedure, Energy & Utilities, Real Estate - Commercial, Zoning, Planning & Land Use
In April of 2024, the Railroad Commission of Texas (“RRC”) posted a year-end review of production for the year of 2023. According to the RRC, Texas oil and gas production reached record highs in the year of 2023…
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/ Energy & Utilities, Environmental Law
On July 17, 2024, Pennsylvania joined a growing number of states establishing a legal framework for the underground storage of carbon dioxide. Carbon capture and underground sequestration (“CCUS”) is promoted as a technology to…
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/ Energy & Utilities, Environmental Law, Zoning, Planning & Land Use
The U.S. Environmental Protection Agency (“EPA”) recently announced that it will be taking a hard look at the Texas Railroad Commission’s (“RRC”) enforcement of injection well regulatory practices (or the lack thereof). The RRC…
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/ Administrative Law, Energy & Utilities, Environmental Law
On August 20, 2024, the United States District Court for the Northern District of Texas, Dallas Division, overturned the FTC Non-Compete Rule (16 C.F.R. § 910.1-.6), which was set to ban all new non-compete agreements in the…
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/ Antitrust & Trade Regulation, Energy & Utilities, Labor & Employment Law
In Koch v. David Fam. Oil & Gas Ints. P’Ship, the Court of Appeals of New Mexico held that the grantee in a deed of distribution executed by the foreign personal representative of an estate can be a bona fide purchaser in the…
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/ Business Torts, Energy & Utilities, Wills, Trusts, & Estate Planning, Zoning, Planning & Land Use
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 Pooling…
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/ Administrative Law, Energy & Utilities
The Louisiana Second Circuit Court of Appeal’s recent decision in ETC Tiger Pipeline, LLC v. DT Midstream, Inc. highlights the limitations of exclusive personal servitude owners’ rights relative to preservation and protection of…
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/ Energy & Utilities, Real Estate - Commercial, Zoning, Planning & Land Use