News & Analysis as of

Mineral Extraction Appeals

Gray Reed

Lease Perpetuated Beyond Primary Term Without Production in Paying Quantities

Gray Reed on

If perpetuation of a mineral lease beyond the primary term is contingent upon continuous operations, do traditional notions of “production in paying quantities” always matter? Spoiler: No....more

Gray Reed

Well Operator Escapes Liability After Disposing of its Working Interest

Gray Reed on

Does a former working-interest owner of a well bear continuing responsibility for a defective gas line despite having conveyed its ownership interest? The line was constructed by the former owner as operator of record, and it...more

Gray Reed

Louisiana Operator Slapped by Appellate Court

Gray Reed on

Louisiana’s compulsory pooling scheme seeks to balance the interests of individual landowners and oil and gas operators to promote responsible development of natural resources. Because of compulsory pooling, operators are not...more

Whitcomb Selinsky, PC

WillSource Enterprises Seeks Judicial Review in Two Decisions

Whitcomb Selinsky, PC on

WillSource Enterprise, LLC sought judicial review of two decisions of the Interior Board of Land Appeals (IBLA) concerning federal oil and gas leases which it was the operator and lessee. In August 2020, the U.S. Federal...more

A&O Shearman

African Minerals: Court of Appeal of England and Wales upholds finding that mining company is not liable for unlawful acts of...

A&O Shearman on

The Court of Appeal of England and Wales has upheld the High Court’s verdict in Kadie Kalma & ors v African Minerals Ltd & ors [2020] EWCA Civ 144. This is an important case for businesses exposed to human rights risks...more

Gray Reed

Gas Well Operator’s Injunction Against Texas Town is Dissolved

Gray Reed on

In Town of Flower Mound v. Eagle Ridge Operating LLC, an operator’s injunction against enforcement of a local ordinance was dissolved. EagleRidge operates gas wells in the Flower Mound. A Town ordinance prohibits work on gas...more

Troutman Pepper

Ohio Appellate Court Finds That Coal Mining Entities Are Liable to Pipeline Operator for Preventative Measures to Protect Against...

Troutman Pepper on

Columbia Gas Transmission, LLC v. Ohio Valley Coal Co., 2019 BL 99544 (Ohio Ct. App. Mar. 21, 2019) - Columbia Gas Transmission, LLC (“Columbia”) operated a high-pressure gas pipeline. A portion of pipeline crossed land...more

Carlton Fields

Sixth Circuit Compels Arbitration in Putative Class Action between Shell Oil and Ohio Landowners

Carlton Fields on

Plaintiff entered into a lease agreement with Defendants (Shell Oil entities) governing extraction of oil and gas from his five-acre property located in Guernsey County, Ohio....more

Ballard Spahr LLP

Colorado Supreme Court Issues Win for Oil and Gas Industry

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The Colorado Supreme Court on January 14 issued an opinion thought to be favorable to Colorado's oil and gas industry....more

Bennett Jones LLP

Mining Company Asks Supreme Court to Hear Its Challenge to Allegations of Human Rights Abuses in Eritrea

Bennett Jones LLP on

Nevsun Resources, a British Columbia mining company, has asked the Supreme Court to hear its appeal from a recent B.C. ruling that would send the human rights claims of a group of Eritrean plaintiffs towards trial....more

Hogan Lovells

Jurisdiction and parent company liability – Court of Appeal keeps door ajar for extra-territorial human rights related claims

Hogan Lovells on

The Court of Appeal has handed down its judgment in a landmark case on jurisdiction and parent company liability (Lungowe and Ors. v Vedanta Resources Plc and Konkola Copper Mines Plc [2017] EWCA Civ 1528). The judgment...more

Bennett Jones LLP

Saskatchewan Court of Appeal Clarifies Priority Rules for Builders' Liens Arising in Connection with the Recovery of Minerals

Bennett Jones LLP on

The Saskatchewan Court of Appeal recently released a landmark decision National Bank of Canada v KNC Holdings Ltd, 2017 SKCA 57 (National Bank) which will significantly affect the priority ranking of certain Saskatchewan...more

Morgan Lewis

Ninth Circuit Holds Air Emissions Not Covered by CERCLA

Morgan Lewis on

Decision finds operator of a lead and zinc smelter not liable as an “arranger” under CERCLA for aerial deposition of heavy metals. On July 27, a panel of the US Court of Appeals for the Ninth Circuit unanimously held...more

BakerHostetler

Pennsylvania Appeals Court Reverses Lower Court Decision and Allows a Natural Gas Well Project to Proceed in a Residential...

BakerHostetler on

On September 9, 2015, Judge Mary Leavitt of the Commonwealth Court of Pennsylvania reversed the Court of Common Pleas of Lycoming County’s ruling, which had set aside the Board of Supervisors of Fairfield Township’s (the...more

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