In Myers-Woodward, LLC v. Underground Services Markham, LLC, No. 22-0878, 2025 WL 4356581 (Tex. May 16, 2025), the Texas Supreme Court resolved two significant issues affecting mineral owners and surface owners: (1) who owns...more
The legal frameworks governing statutory lien rights of oil and gas trade creditors vary significantly between Texas and Louisiana (as well as among other hydrocarbon-producing states). Material distinctions exist between...more
Under Van Dyke, deeds with double-fraction royalty reservations referencing “1/8” are presumed to reserve a floating royalty interest unless clearly contradicted. Defenses like waiver, ratification, and limitations cannot...more
President Donald Trump on April 24, 2025, issued an executive order, "Unleashing America's Offshore Critical Minerals and Resources" (the EO), that aims to promote the development of offshore critical minerals in the oceans...more
This week, President Trump issued several executive orders in furtherance of his policy aims, including orders relating to offshore critical minerals, workforce development, government efficiency, and civil rights. Meanwhile,...more
On March 20, 2025, the Trump administration invoked emergency powers in an Executive Order (EO) entitled Immediate Measures to Increase American Mineral Production, aiming to accelerate domestic mineral mining and processing....more
Unitex WI, LLC v. CT Land & Cattle Co., LLC, No. 07-23-00390-CV, 2024 WL 3249338 (Tex. App.—Amarillo June 28, 2024, pet. filed)...more
Critical minerals are the backbone of modern technologies and national security, powering everything from advanced semiconductors and electric vehicle batteries to missile guidance systems and renewable energy infrastructure....more
The American Land Title Association (ALTA) is considering approval of a new Energy Project Endorsement for owner's and loan policies at its spring session. The endorsement (proposed as the ALTA 36.9) Energy Project – Minerals...more
For the Osage Indian Tribe, it’s more like “IMBY if you pay me”. In the latest interation of United States and Osage Minerals Council v. Osage Wind LLC et al the US District Court for the Eastern District of Oklahoma awarded...more
The question in Rock River Minerals, LP and Carr v. v. Pioneer Natural Resources, et al.: Did an assignment of overriding royalty interests in Texas oil and gas leases include a depth limitation? No....more
As the world moves toward cleaner energy, lithium has become crucial, powering electric vehicles and renewable-energy storage systems. With lithium demand set to increase more than 40-fold by 2040, the race to extract this...more
Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more
Earlier this summer, the District of Columbia Court of Appeals issued a decision affirming the lower court’s decision that the Mining Law of 1872 does not impose a limit on the number of mill sites that a mining claimant may...more
We have been following the International Seabed Authority (“ISA”) Council’s negotiations and drafting of the Exploitation Rules, Regulations and Procedures (“Exploitation RRPs”) for the deep seabed beyond national...more
On March 16, 2021, Rule 13q-1 under the Securities Exchange Act of 1934, as amended (Exchange Act), took effect. This rule requires resource extraction issuers to disclose on Form SD information relating to payments made to a...more
On 19 July 2024, the European Union (EU) and the Republic of Serbia (“Serbia”) signed a Memorandum of Understanding (“MoU”) creating a strategic partnership on sustainable raw materials, battery value chains and electric...more
On July 10, 2024, Grassy Narrows First Nation (Grassy Narrows) launched a challenge against Ontario’s Mining Act (the Mining Act), claiming that the system for granting mining claims pursuant to the legislation (the Mining...more
Deep-sea mining activities on the seabed and ocean floor beyond national waters are a risky and capital-intensive venture. The unpredictability of little-known ecosystems and environmental impacts translate into regulatory...more
The UK Supreme Court’s landmark judgment in R (on the application of Finch on behalf of the Weald Action Group) v Surrey County Council and others (“Finch”) was handed down on 20 June 2024. Since then, more recent...more
In this week’s edition, we look at a report which sets out claims that some of the world’s largest financial institutions are greenwashing their Amazon-related ESG claims. In Switzerland, the European Court of Human Rights’...more
Briggs v. Southwestern Energy Production Company, LLC is good news for Pennsylvania mineral owners bringing claims for subsurface trespass by fracking. In 2018 in “Briggs 1”, the Briggs family sued SWN for subsurface...more
The Federal Register on May 6, 2024, published final regulations issued by the U.S. Department of the Treasury and IRS under the clean vehicle tax credits found at Sections 25E (previously owned clean vehicles) and 30D (clean...more
In the latest article from our Striking the Balance: Permitting Reforms for Mining and the Energy Transition series, we explore the EU’s recent efforts to streamline the mine permitting process via the Critical Raw Materials...more
As outlined in the first installment of our series, "Striking the Balance: Permitting Reforms for Mining and the Energy Transition", to achieve net zero emissions by 2050, mining development is essential for providing the...more