News & Analysis as of

Energy Sector Mineral Rights

Houston Harbaugh, P.C.

Landowners Should Ensure that Solar Farm Payments Retain Their Value Over Time

Houston Harbaugh, P.C. on

Leases for solar energy facilities offer property owners the potential for a predictable, long-term revenue stream. But, because of the potential decades-long duration of a lease for solar energy facilities, things like...more

Steptoe & Johnson PLLC

District Court Dismisses Challenge to West Virginia Unitization Act

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On March 20, the U.S. District Court for the Northern District of West Virginia dismissed Sonda v. West Virginia Oil and Gas Conservation Commission for lack of standing. The lawsuit was brought by mineral interest owners...more

Steptoe & Johnson PLLC

Ohio Supreme Court Further Clarifies ‘Reasonable Diligence’ Standard under the Ohio Dormant Mineral Act

On March 24, 2022, the Supreme Court of Ohio issued its decision in Fonzi v. Brown and Fonzi v. Miller, Slip Opinion No. 2022-Ohio-901, discussing the level of due diligence required of a surface owner to provide notice to a...more

Steptoe & Johnson PLLC

Ohio Supreme Court Provides Some Clarity on the Specificity Required to Reserve Interests Under the Marketable Title Act

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On March 16, 2021, the Supreme Court of Ohio issued its opinion in Erickson et al. v. Morrison et al., Slip Opinion No. 2021-Ohio-746, clarifying the decision in Blackstone v. Moore, 2018-Ohio-4959, and holding that a...more

Snell & Wilmer

Who Owns Pore Space for Geologic Carbon Sequestration? Renewed Focus on Carbon Capture and Storage Likely to Bring Ownership...

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The omnibus appropriations legislation passed by Congress in December 2020 contained notable bipartisan energy initiatives, including extension of tax incentives for renewable energy development, energy efficiency, and energy...more

White & Case LLP

Managing economic and social change toward a sustainable future: US energy—Searching for opportunity amid uncertainty

White & Case LLP on

The oil & gas (O&G) sector is no stranger to volatility, but it is even more at risk of instability at a time of unpredictable political situations, changing economic structures and broader global vulnerabilities. White &...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

Snell & Wilmer

Colorado Legislature Passes Sweeping Oil and Gas Reform

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Members of the Colorado State Senate, on a strictly party-line vote, approved amendments to SB-181 made by the State House. SB-181 will now make its way to the Governor’s desk, where it is all but certain to be signed into...more

Roetzel & Andress

Supreme Court Of Ohio Takes Up Oil And Gas Statute Of Limitations Question

Roetzel & Andress on

Recent litigation over statute of limitations issues in the context of oil and gas leases highlights the importance of diligence when analyzing ownership of mineral rights in the context of the validity of oil and gas leases....more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - March 2019 #2

West Virginia Supreme Court Hears Oral Arguments in EQT Doddridge County Trespassing Case - "The state Supreme Court will decide if a lower court judge got it right when he ruled natural gas production company EQT trespassed...more

Steptoe & Johnson PLLC

What Factors are Influencing Colorado’s Future Role in the U.S. Energy Sector?

It is no secret that Colorado is, and has been in recent years, a hot state in the domestic energy sector. One of the reasons that the state has been a hotbed for development is due to the potential that the state has for...more

Steptoe & Johnson PLLC

Ohio Governor Signs Law Exempting Landmen from Licensing Requirement

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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

Hogan Lovells

Mining Charter 2018

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Investment in the Mining and Natural Resources Sector in South Africa has been plagued by, among others, regulatory and policy uncertainty. ...more

Steptoe & Johnson PLLC

Ohio Supreme Court Upholds Land Professional Licensing Requirement

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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

Gray Reed

An Arbitration Ruling That’s About More Than Arbitration

Gray Reed on

In 2016 Ridge contacted the McDaniels (Double Eagle’s predecessors) with an offer to “lease” their mineral interests in Winkler County. The McDaniels informed Ridge about a producing lease from 2004, and were assured that it...more

Gray Reed

Texas Accomodation Doctrine Claim Repudiated

Gray Reed on

Harrison v. Rosetta Resources Operating LP presents a wacky? time-wasting? clever? unsuccessful attempt to expand reinvent the Texas accomodation doctrine....more

Gray Reed

Texas Court Tells Plaintiffs How to Recover Title to Property

Gray Reed on

In this title action the title issues didn’t matter. The lesson is simple: The exclusive procedure to resolve competing claims to real property in Texas is a statutory trespass-to-try-title suit under Property Code Chapter...more

Hogan Lovells

Uncertainty remains for western Australian mining titles

Hogan Lovells on

Implications of the decision in Forrest & Forrest v Wilson - The majority of the High Court of Australia in Forrest & Forrest Pty Ltd v Wilson & Ors [2017] HCA 30 (Forrest) held that the failure of an applicant to lodge a...more

Hogan Lovells

Removing the court's power to decide for the minister of mineral resources

Hogan Lovells on

Public officials' decisions aren't always flawless when applying the Mineral and Petroleum Resources Development Act, No 28 of 2002 (MPRDA), and there are often situations where the Minister of Mineral Resources makes an...more

Hogan Lovells

Publication of the Draft Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry 2018

Hogan Lovells on

Despite what appears to have been a broad-based consultation process on Draft Mining Charter 2018, interested and affected parties have been invited to submit written representations on Draft Mining Charter 2018 by 27 July...more

Gray Reed

Who is a “Payor” Under the Texas Natural Resources Code?

Gray Reed on

You’ve secured the right leases. You’ve drilled nice wells in the right locations. Now, will you pay the right royalty owners? Follow Devon Energy Production Company, L.P. v. Apache Corporation, to be sure that you do....more

Jackson Walker

‘A Primer on Marketing Hydrocarbons’ Presentation

Jackson Walker on

Jackson Walker partner Michael P. Pearson delivered a presentation entitled “A Primer on Marketing Hydrocarbons” at the Fundamentals of Oil, Gas and Mineral Law Course associated with the 44th Annual Ernest E. Smith Oil, Gas...more

Gray Reed

Foreclosure Included the Minerals Because the Documents Say So

Gray Reed on

In XTO Energy v. EOG Resources, a title dispute over the mineral estate in 1,653 acres in Atascosa and McMullen counties, Texas, the loser tried both, to no avail....more

Porter Hedges LLP

Business Litigation Alert: "Texas Supreme Court Ruling Highlights the Importance of Heeding 'Red Flags' During Pre-Contract...

Porter Hedges LLP on

Last month, the Texas Supreme Court upheld a lower court’s decision to toss a lawsuit by Orca Assets GP LLP against JP Morgan Chase over property in the Eagle Ford Shale. ...more

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