News & Analysis as of

Gas Royalties Energy Sector

McGuireWoods LLP

Interesting — Texas Court Rules Unpaid Royalty Payments not Subject to Compound Interest

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Are unpaid royalty payments for oil-and-gas leases subject to simple or compound interest? Simple, the Texas Supreme Court said in Samson Exploration, LLC v. Bordages on June 7, 2024....more

Oliva Gibbs LLP

Muscled Out While “Muscling In”: The Role of Actual Drainage in MIPA

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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...more

Gray Reed

How Courts Look at Fixed or Floating Royalty Disputes

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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

Locke Lord LLP

The Texas Supreme Court Holds Interest Must Be Simple Absent an Express, Clear, and Specific Provision for Compounding

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The Texas Supreme Court has clarified Texas law concerning how to calculate interest that is being paid pursuant to an agreement or statute. Samson Exploration, LLC v. Bordages, No. 22-0215, 2024 WL 2869049 (Tex. June 7,...more

Oliva Gibbs LLP

Navigating the New Frontier: Updates to Federal Onshore Oil and Gas Leasing Rules and Regulations

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The Fluid Mineral Leases and Leasing Process rule (FMLLP), which was announced by the Bureau of Land Management (BLM) on April 12, 2024, represents a significant update to the Federal onshore oil and gas leasing framework....more

Alston & Bird

Texas Legislature Creates Cause of Action for Bad-Faith Washout

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Our Oil & Gas Team reviews a new Texas law that changes the landscape for oil and gas operators that want to release leases subject to an overriding interest....more

Vinson & Elkins LLP

[Webinar] Royalty Class Action Trends and Developments - April 14th, 12:00 pm - 1:00 pm CT

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Class actions involving oil-and-gas leases and royalty payments are on the rise. In this program, V&E lawyers will discuss recent developments in the royalty class action space – including recent certification orders and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court of Texas Clarifies Allocation of Post-Production Costs in Oil and Gas Royalties in BlueStone Natural Resources II,...

On March 12, 2021, the Supreme Court of Texas issued a unanimous opinion that clarifies when a lessee is entitled to deduct post-production costs from royalties paid to the lessor under oil and gas leases. Construing a lease...more

Akin Gump Strauss Hauer & Feld LLP

Maintaining Your Lease When There’s Nowhere to Send Your Oil

- Industry analysts are forecasting that the surplus of oil produced over oil needed may soon exceed available storage. Producers that were already reducing production due to low prices are now feeling pressure to completely...more

Womble Bond Dickinson

WIPEOUT!: Common Language in “Anti-Washout” Provision Violates the Rule Against Perpetuities

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In Yowell v. Granite Operating Co . 557 S.W.3d 794 (Tex. App.—Amarillo 2018, pet. granted), the Texas Court of Appeals for the Seventh District in Amarillo affirmed the trial court’s determination that an “anti-washout”...more

Gray Reed

Oil Field Technology … and a Texas Bill Aimed at Royalty Owners

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Welcome to today’s grab-bag of unrelated topics. The climate avengers are clever in the way they demonize the industry. They give zero credit for technological advancement. Truth is, the industry’s use of technology is...more

Baker Donelson

Fifth Circuit: Texas Operators Must Seek Best Price Available in Calculating Royalties

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Operators in Texas have a duty to market their gas and seek the best reasonable price available for purposes of calculating and paying royalties, according to the U.S. Court of Appeals for the Fifth Circuit in a February 20,...more

Polsinelli

SEC Significantly Modifies Disclosure Rules for Mining Companies

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On October 31, 2018, the United States Securities and Exchange Commission (SEC) amended its rules to revise and modernize disclosure requirements applicable to companies with mining properties or operations....more

Carlton Fields

Tenth Circuit Finds Plaintiffs’ Settle And Dismiss Strategy Unappealing

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Following Supreme Court precedent, the Tenth Circuit recently held that plaintiffs’ settlement and voluntary dismissal of their claims did not transform the court’s interlocutory order denying class certification into a...more

Bricker Graydon LLP

Judgment issued for oil and gas well operator

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On September 6, 2018, the Monroe County Court of Common Pleas issued a decision in Theresa Jacobs, et al. v. Dye Oil, LLC, et al., C.P. Monroe No. 2017-189 (September 6, 2018), granting summary judgment for the operator of an...more

Gray Reed

An Arbitration Ruling That’s About More Than Arbitration

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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

Anti-Washout Clause Defeated by the Rule Against Perpetuities

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Is an overriding royalty interest lasting beyond the term of a lease-now-in-effect impossible to create? You saw the recent Texas Supreme Court opinion invalidating an anti-washout clause in TRO-X v. Anadarko Petroleum Corp....more

Gray Reed

Original Louisiana Lessee Can’t Escape Liability

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Louisiana practitioners and their clients tend to know this particular point of Louisiana law, but it could surprise out-of-staters (known in their native habitat as “Texans”), so it’s worth a reminder...more

Gray Reed

Texas Supreme Court Decides Another Fixed-or-Floating Royalty Case

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Coke or Pepsi? Elvis or the Beatles? Left Twix or Right Twix? Fixed or floating royalty? Among the great debates of recent decades, few have proven quite as frustrating as the great “Fixed v. Floating” royalty debate in Texas...more

Baker Donelson

Gloria’s Ranch LASC Opinion

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In August 2017, we wrote about an opinion from the Louisiana Court of Appeal, Second Circuit in the matter of Gloria’s Ranch, L.L.C. v. Tauren Exploration, Inc. The Louisiana Supreme Court recently issued a highly anticipated...more

Baker Donelson

Louisiana Appellate Court Affirms Holding Prior Lessee Liable for Imprudent Operations of Subsequent Lessee

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The Louisiana Court of Appeal for the Third Circuit, in Rainbow Gun Club, Inc., et al. v. Denbury Resources, Inc., et al., recently affirmed a trial court ruling that imposed liability on SKH Energy Partnership, LP (SKH), a...more

Gray Reed

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

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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

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - May 2018

In Cities v. Fossil Fuels, Exxon's Allies Want the Accusers Investigated - "Now two industry-friendly groups are turning the tables and asking the SEC to investigate the cities and counties for possible fraud." Why this...more

BakerHostetler

Colorado Royalty Litigation: 20 Dismissed Cases - Is There a Good-Faith Basis for Filing Such Cases in District Court?

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On April 24, 2018, Colorado state district courts solidified judicial recognition of the Colorado General Assembly’s delegation of primary jurisdiction to the Colorado Oil and Gas Conservation Commission (Commission) over...more

BakerHostetler

Colorado Royalty Litigation: Exhaustion of Administrative Remedies Before the Colorado Oil and Gas Conservation Commission

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Few areas of the law have seen such substantial evolution in a three-year span as Colorado case law on oil and gas royalty litigation. Since 2015, 13 Colorado state district court opinions have required royalty plaintiffs...more

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