News & Analysis as of

Energy Sector Land Owners

Gray Reed

Suit to Terminate Texas Oil and Gas Lease Fails for Lack of Evidence

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The real takeaway from Pruett v. River Land Holdings LLC is the reminder that the Texas Railroad Commission cannot adjudicate questions of title. ...more

Gray Reed

How Courts Look at Fixed or Floating Royalty Disputes

Gray Reed on

Montgomery Trustee v. ES3 Minerals and Echo Minerals is another Texas fixed or floating royalty case. Before diving into the details, perhaps it’s best to describe the pattern the courts seem to fall into to resolve these...more

Husch Blackwell LLP

FERC Approves New Final Rule for Permit to Site Interstate Electric Transmission Facilities

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At its May 13, 2024 open meeting the Federal Energy Regulatory Commission (FERC) unanimously approved Order No. 1977,[1] which updates the process FERC uses when exercising its transmission siting authority under Section 216...more

Husch Blackwell LLP

Leasing Considerations in Battery Energy Storage Projects

Husch Blackwell LLP on

As the energy transition continues, battery energy storage has become an increasingly critical form of technology to support and maximize variable renewable energy resources such as wind and solar, and add a level of...more

Newburn Law

The Death of the Acreage Dedication?

Newburn Law on

Acreage dedications in midstream oil and gas contracts have been subject to considerable scrutiny and legal debate in recent years. This article provides an overview of the current state of acreage dedications, examining key...more

McGuireWoods LLP

Ownership of Pore Space and Its Relation to Surface Estate

McGuireWoods LLP on

Land rights and interests continue to be a prominent fixture in the legal landscape. Among other things, the ownership of highly sought-after pore space has been at the center of multiple property rights cases and legislation...more

Lewis Roca

[Webinar] Decommissioning And End-Of-Life Considerations For Solar And Wind Projects - December 6th, 9:00 am PT

Lewis Roca on

First-generation solar and wind projects are quickly reaching the end of their useful lives. At the same time, an unprecedented number of new renewable-energy projects will be installed in the coming years. During this...more

Bennett Jones LLP

Land Leases for Renewable Energy Projects in Alberta - Update, November 2023

Bennett Jones LLP on

In 2016, the Province of Alberta passed the Renewable Electricity Act, cementing its commitment to increasing the amount of green energy produced in Alberta, with a goal of 30 percent of Alberta's electricity coming from...more

Williams Mullen

[Webinar] Renewable Energy Series: Site Control Issues and Real Estate Diligence for Renewable Energy Projects - June 6th, 11:00...

Williams Mullen on

Developing successful renewable energy projects begin with selecting the right project site. Securing site control using well drafted real estate contracts and conducting thorough real estate diligence can help identify...more

Houston Harbaugh, P.C.

Is Your Driller Really Enhancing The Value Of Your Gas?

Houston Harbaugh, P.C. on

Many Pennsylvania oil and gas leases have what is commonly known as a “market enhancement” royalty clause. These clauses typically prohibit the deduction of any post-production costs that are incurred transforming the raw gas...more

Davis Wright Tremaine LLP

7th Circuit Rules Cable Systems May Use Existing Electric Utility Easements Over Landowner's Objection

Cable operators seeking access to existing utility easements on private property recently received some good news. ...more

Jackson Walker

Texas Supreme Court Reaffirms Validity and Scope of General Easements

Jackson Walker on

Friday, February 28th, in Southwestern Electric Power Company v. Lynch et al., the Texas Supreme Court decided a hotly contested case regarding the interpretation of “general easements.” In Texas, the term “general easement”...more

K&L Gates LLP

Pipeline Projects Face New Questions On Landowner Rights

K&L Gates LLP on

With the significant recent development of thousands of miles of new interstate natural gas pipeline infrastructure in the United States, landowner rights have gained increasing attention, spurred by the eminent domain...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2019 #3

Trump Admin Submits Final Rule to Kill Obama Clean Power Plan - "The new replacement rule to the Clean Power Plan, deemed the Affordable Clean Energy rule, aims to give states more time and authority to decide how to...more

Steptoe & Johnson PLLC

Ohio Governor Signs Law Exempting Landmen from Licensing Requirement

Steptoe & Johnson PLLC on

On December 19, 2018, Ohio Governor John Kasich signed Ohio Senate Bill No. 263, which amended O.R.C. 4735.01 to exempt oil and gas land professionals (landmen) from the real-estate licensing requirement made necessary by the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - December 2018 #3

Energy Companies to Appeal Loss of Forest Service Permit for Atlantic Coast Pipeline - "The builders of the $7 billion Atlantic Coast Pipeline say they will appeal a federal court ruling that invalidated a permit allowing...more

Steptoe & Johnson PLLC

Ohio Supreme Court Upholds Land Professional Licensing Requirement

Steptoe & Johnson PLLC on

On September 25, 2018, the Supreme Court of Ohio issued its opinion which held that oil and gas land professionals must be licensed as real estate brokers in Ohio if they are engaged in obtaining oil and gas leases for other...more

Bricker Graydon LLP

Ohio law requires oil and gas land professionals to hold broker’s license to be compensated

Bricker Graydon LLP on

On September 25, 2018, the Ohio Supreme Court issued its decision in Thomas Dundics v. Eric Petroleum, Slip Opinion No. 2018-Ohio-3826, holding that the plain language of Ohio Revised Code 4735.01 does not exclude oil and gas...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2018

State Files Motion to Dismiss Federal Lawsuit by EQT - "Lawyers representing the Secretary of the state Department of Environmental Protection have filed a motion to dismiss a lawsuit by the natural gas company EQT over a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Federal Energy Regulatory Commission Natural Gas Certification Process: Office of Inspector General Audit Report

The United States Department of Energy Office of Inspector General (“OIG”) issued a May 2018 Audit Report titled: The Federal Energy Regulatory Commission’s Natural Gas Certification Process (“Report”) ...more

Blank Rome LLP

Pennsylvania Superior Court Fractures Long-Standing Rule of Capture

Blank Rome LLP on

Citing distinctions between hydraulic fracturing and conventional gas drilling, the Pennsylvania Superior Court held on April 2, 2018, in Briggs v. Southwestern Energy Production Company that the rule of capture does not...more

Holland & Knight LLP

FERC Opens Notice of Inquiry for Review of Natural Gas Pipeline Policies

Holland & Knight LLP on

• The Federal Energy Regulatory Commission has unanimously voted to open a new Notice of Inquiry seeking input on whether – and, if so, how – it should update its existing policies and procedures for reviewing and issuing...more

Steptoe & Johnson PLLC

West Virginia Legislature Passes Cotenancy Modernization and Majority Protection Act

On March 5, 2018, the West Virginia Legislature completed legislative action on and passed House Bill 4268, known as the Cotenancy Modernization and Majority Protection Act. The bill will now be delivered to the Governor’s...more

Bricker Graydon LLP

Ohio Supreme Court denies writ of mandamus in dispute involving ODNR

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The Supreme Court of Ohio on January 30, 2018 issued an opinion in State ex rel. Kerns v. Simmers, Slip Opinion No. 2018-Ohio-256, denying a writ of mandamus seeking to compel the Chief of the Ohio Department of Natural...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - January 2018 - Issue 2

Ohio Supreme Court Joins Texas and Oklahoma in Holding the State Does Not Recognize a Separate Implied Covenant to Explore Further - "We conclude that Ohio does not recognize an 'implied covenant to explore further'...more

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