News & Analysis as of

Mineral Rights

Gray Reed & McGraw

An Arbitration Ruling That’s About More Than Arbitration

by Gray Reed & McGraw 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 & McGraw

Texas Accomodation Doctrine Claim Repudiated

by Gray Reed & McGraw 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 & McGraw

Texas Court Tells Plaintiffs How to Recover Title to Property

by Gray Reed & McGraw 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

by 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

by 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

Liskow & Lewis

Louisiana’s Third Circuit (Again) Affirms the Applicability of the Subsequent Purchaser Doctrine to Mineral Leases

by Liskow & Lewis on

While oil and gas company-defendants—and several courts alike—have deemed the applicability of the subsequent purchaser doctrine to mineral leases a settled issue of law, plaintiff-landowners have continued to argue...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Oil and Gas Lease: Texas Supreme Court Addresses Offset Provision

The Texas Supreme Court (“Court”) recently ruled in favor of Murphy Exploration & Production Company—USA (“Murphy”) in a dispute arising from the location of an offset well on the properties of Shirley Mae Herbst Adams and...more

Hogan Lovells

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

by 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 & McGraw

Ask and You Shall (Not?) Receive: Retained Acreage Clauses and the Texas Supreme Court

by Gray Reed & McGraw on

Two Texas Supreme Court decisions published on the same day confirm that retained acreage clauses that vary in language from one instrument to another will likely vary in effect. Depending on the language, the lessee might...more

Gray Reed & McGraw

Big Damages in a Texas Trade Secret Case

by Gray Reed & McGraw on

Defendants accused of stealing trade secrets often claim that publicly available information can’t constitute a trade secret. Sometimes yes, but mineral ownership that can be determined from the public record only after...more

Gray Reed & McGraw

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

by Gray Reed & McGraw 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

by 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 & McGraw

Foreclosure Included the Minerals Because the Documents Say So

by Gray Reed & McGraw 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

Tucker Arensberg, P.C.

Can Natural Gas Drillers Drink Your Milkshake?

by Tucker Arensberg, P.C. on

The fight over the historical concept of the “Rule of Capture” as applied to gas rights in Pennsylvania continued recently as the appellees in the matter of Briggs v Southwestern Energy Prod. Co. recently requested a...more

Porter Hedges LLP

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

by 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

Gray Reed & McGraw

NPRI Reservation Survives Rule Against Perpetuities

by Gray Reed & McGraw on

Recall the Battle of the Bastards: The heroic Lady Sansa and the duplicitous Lord Baelish gallop over the hill to save the foolish Jon Snow from the heinous Ramsey Bolton. In similar fashion, but without the malnourished...more

Spilman Thomas & Battle, PLLC

HB 4270 - Information Reporting and Payments to Owners (Check Stubs Relating to Oil and Natural Gas Royalty Payments)

H.B. 4270 - Passed - March 10, 2018 - Signed by Governor - March 27, 2018 - Effective - June 8, 2018 - The Information Reporting and Payments to Owners bill (H.B. 4270) is a companion bill to the Cotenancy...more

Gray Reed & McGraw

Fraud Claim Rejected for Unreasonable Reliance

by Gray Reed & McGraw on

The ruling from the Supreme Court of Texas in JP Morgan Chase Bank, N.A., et al v. Orca Assets, G.P., L.L.C. was foreseeable. Experienced energy professionals who pass on the opportunity to examine title for themselves are...more

Hogan Lovells

MPRDA compliance: is it required?

by Hogan Lovells on

In South Africa, only one person can hold a valid prospecting or mining right for a particular mineral on land in terms of the governing Mineral and Petroleum Resources Development Act, No 28 of 2002 (MPRDA)....more

Spilman Thomas & Battle, PLLC

West Virginia Cotenancy Modernization and Majority Protection Act

Summary of H.B. 4268 - At its core, the Cotenancy Modernization and Majority Protection Act ("Act") is a revision to the relationship between cotenants owning "oil or natural gas and their constituents." The Act is...more

Gray Reed & McGraw

Mineral Title Examination – It’s Not Easy

by Gray Reed & McGraw on

Let’s get right to the takeaway: Despite the humble hourly rate operators are typically willing to fork over for title examination, the job isn’t easy and you’d better put your trust in a practitioner with expertise,...more

Steptoe & Johnson PLLC

West Virginia Legislature Passes Cotenancy Modernization and Majority Protection Act

by Steptoe & Johnson PLLC on

On March 5, 2018, the West Virginia Legislature completed legislative action on and passed House Bill 4268, known as the Cotenancy Modernization and Majority Protection Act. The bill will now be delivered to the Governor’s...more

Steptoe & Johnson PLLC

West Virginia Legislative Brief: Commentary from Gil White - March 2018

by Steptoe & Johnson PLLC on

...After the first statewide strike in nearly 30 years, Governor Justice and leaders from the American Federation of Teachers - WV, WV Education Association, and the WV School Service Personnel Association reached an...more

Dentons

Amendments to the Mining Act in Tanzania

by Dentons on

Following the extensive amendments to the Mining Act, Cap.123 of the Laws of Tanzania (Act No. 14 of 2010) (the Mining Act) by the Tanzania Extractive Industries (Transparency and Accountability) Act, 2015 (TEIA) whereby a...more

Cozen O'Connor

At The Well Weekly – Oil And Gas Update For Week Ending 2/2/2018 – Mountain Valley Pipeline Gets A Win; Tax Washes And Dunham In...

by Cozen O'Connor on

Since our last report, natural gas spot prices held around $3/MMBtu and the rig count is essentially flat while fluctuating oil prices flirted with $70/bbl. In Appalachia, a pipeline project gets a victory while Pennsylvania...more

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