News & Analysis as of

Mineral Leases

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

Ohio Supreme Court refuses to recognize an implied covenant to explore further

by Bricker & Eckler LLP on

On January 3, 2018, the Supreme Court of Ohio issued an opinion in Alford v. Collins-McGregor Operating Co., Slip Opinion No. 2018–Ohio–8, affirming the dismissal of the landowners’ complaint for failure to state a claim upon...more

Ohio Supreme Court affirms dismissal of landowners’ complaint in oil and gas dispute

by Bricker & Eckler LLP on

The Supreme Court of Ohio issued an opinion on January 3, 2018 in Alford v. Collins-McGregor Operating Co., Slip Opinion No. 2018–Ohio–8, affirming the dismissal of the landowners’ complaint for failure to state a claim upon...more

2017’s Bad Guys in Energy

by Gray Reed & McGraw on

Once again we look back at the continuing cavalcade of crooks, criminals, miscreants and, to put it kindly, morons the less intellectually gifted, who met justice face-to-face in 2017. This year’s class includes a preacher,...more

West Viriginia Supreme Court Applies Doctrine Of Severability To Enforce Lease’s Arbitration Provision, Despite Other Provisions...

by Pepper Hamilton LLP on

SWN Prod. Co., LLC v. Long, 2017 W. Va. LEXIS 892 (W. Va. Oct. 18, 2017) - Respondents Richard and Mary Long (“Respondents” or “Lessors”) brought a state court action against Petitioner SWN Production Company, LLC...more

Opinions to Expect From the Texas Supreme Court

by Gray Reed & McGraw on

The Texas Supreme Court recently heard oral argument in three intriguing oil and gas cases. Here’s what you need to know about two of them (We’ll address the third case soon)....more

Louisiana Supreme Court Grants Writs from Second Circuit Decision Finding Holder of Mortgage Encumbering a Mineral Lease...

by Liskow & Lewis on

On Friday, December 15, the Louisiana Supreme Court granted three separate writ applications filed by each of the defendants in Gloria’s Ranch, L.L.C. v. Tauren Exploration, Inc. These applications sought review of the...more

Court rules in favor of Eclipse in oil and gas lease case

by Bricker & Eckler LLP on

On November 30, 2017, the U.S. Court of Appeals, Sixth Circuit issued an opinion in Eclipse Resources - Ohio, LLC v. Madzia, affirming the lower court’s grant of summary judgment to Eclipse Resources in all respects. ...more

Ohio Takes a Position on Market-Value-at-the-Well Royalty Clauses*

by Gray Reed & McGraw on

In Ohio, in calculating royalties in a market-value-at-the-well lease (as distinguished from a “proceeds” lease), post-production costs are to be shared proportionately by the working interest and royalty owners. ...more

Interior Department and Forest Service Identify Burdens on Domestic Energy Development

by Latham & Watkins LLP on

Report on the agencies’ review of programs provides a roadmap to understanding which energy policies the Trump administration will revise. Several federal agencies have now issued reports responding to Executive Order (EO)...more

The Oil Patch, the Single Business Enterprise Doctrine, and Veterans Day

by Gray Reed & McGraw on

Let’s suppose that someone (You? The other guy?) who operates wells in which others have an interest organizes the enterprise so that the owner of the leases, the owner of the overrides, the operator, several service...more

A Partition Deed Fails in Texas

by Gray Reed & McGraw on

Cases like Hahn v. Gips et al are like eating your broccoli – not so tasty but lots of fiber. The “fiber” here is the effect of a partition deed in which not all the cotenants join....more

At The Well Weekly – Oil And Gas Update For Week Ending 10/27/2017 – Federal Court Says Ohio Supreme Court Would Adopt “At The...

by Cozen O'Connor on

Natural gas prices in Appalachia haven’t rebounded much since our last report, hovering around $1/MMBtu amidst a small decline in the rig count, but the good news is that the Brent Crude surpassed its $60/bbl benchmark...more

Currents - Energy Industry Insights - October 2017 #2

EPA Moves to Repeal Obama's Clean Power Plan Coal Regs - "EPA Administrator Scott Pruitt announced Monday that the Trump administration is moving to scrap the Clean Power Plan, the Obama administration's signature...more

A Town Without Written Leases And No Litigation

by Allen Matkins on

Recently, I visited Tonopah, Nevada, which is located about midway between Las Vegas and Reno. According to legend, the town was founded after Jim Butler discovered a rich ledge of silver ore while chasing his wandering...more

Currents - Energy Industry Insights - October 2017

An Obscure Statute Is Helping Trump Save U.S. Coal, Nuclear - "Rick Perry is using an authority granted to him as U.S. energy secretary to call on the independent Federal Energy Regulatory Commission to change its rules...more

Can a Lease Survive Foreclosure?

by Locke Lord LLP on

Two recent federal foreclosure cases applied Texas law and one highlighted a fact situation that may involve a new (2015) statute. In Arbuckle v. Chesapeake, Case No. 3:14-CV-04584-M (N.D. Texas, Dallas Division September...more

An “Appendage” Determines a Louisiana Royalty Dispute

by Gray Reed & McGraw on

In Glassell Producing Company v. Naquin, the question was: Did a conveyance among siblings create a real right in property, or was it an appendage of a lease that ceased to burden the property once that lease was...more

Legal Considerations for Establishing Operations in the United States (Pennsylvania)

by Pepper Hamilton LLP on

I. Introduction – Business and Legal Climate in the United States. The business climate in the United States, though subject to business cycles, is the largest, most dynamic and durable in the world. The freedom to compete...more

Pooling in Texas: Language Dependent and Strictly Construed

by Locke Lord LLP on

While all eyes are on the Texas Supreme Court’s decision on September 1 to reinstate the Petitions for Review in the Endeavor Energy Resources v. Discovery Operating and in the XOG Operating et al. v Chesapeake Exploration et...more

Currents - Energy Industry Insights - September 2017#2

- U.S. High Court Asked to Review WV Justice's Role in Gas Royalties Case - "The U.S. Supreme Court is being asked to review West Virginia Supreme Court Justice Beth Walker's participation in a high-stakes natural gas...more

Not So Fast—Your Oil and Gas Lease Primary Term May Be Longer Than You Thought

by Blank Rome LLP on

Energy Industry Update - Action Item: Oil and gas leases in Pennsylvania may have a primary term longer than that stated in the lease. The Superior Court has recognized that an argument can be made that time for notice and...more

Under Scrutiny: PA Superior Court Splits from Own Precedent and Allows Unilateral Oil & Gas Lease Severance in Montgomery

by Blank Rome LLP on

Lessees of oil and gas leases in Pennsylvania who have been assigned or are assigning less than all of the geologic strata under lease should give careful attention to whether those leases have been severed vertically by...more

Frac Sand: U.S. District Court Addresses Whether Quarry Operation Commenced Within the Terms of the Mining Lease

A United States District Court addressed in an August 15th opinion a dispute between parties to a mining lease involving frac sand. See Pronschinske Trust v. Kaw Valley Companies, Inc.and KC Proppants, LLC, 2017 WL 3498712...more

A New Day for Louisiana Oil and Gas Lenders?

by Gray Reed & McGraw on

Lenders to Louisiana operators are likely to be reconsidering their business practices in light of Gloria’s Ranch v. Tauren et al. A rather ordinary lease termination suit resulted in the lender Wells Fargo being...more

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