News & Analysis as of

Oil & Gas Easements

Ackerman & Ackerman, P.C.

In cases involving partial takings of easements, just compensation must be based on the condemnor’s maximum possible use of the...

Our office routinely handles utility takings, which often involve partial takings of easements for transmission lines or pipelines. As governments attempt to improve the electrical grid to support the transportation of wind...more

Amundsen Davis LLC

Long-Term Impact of Solar Panels on Property

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Solar panels are increasing in popularity for both residential and commercial properties. Some property owners may consider installing solar panels to meet their own energy needs; others may consider installing them to...more

Gray Reed

Pipeline Prevails Over Governmental Entity in Condemnation Dispute

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A pipeline company condemning property of a governmental entity? That’s something you don’t see every day. Score a win for “big pipe” against “big government”. In Harris County Fresh Water Supply District No. 61 v. Magellan...more

Keating Muething & Klekamp PLL

Court Scrutinizes “Public Use” in Gas Utility Condemnation

Last week, a court called into question whether a condemnation by a gas utility was for a “public use,” even though the take was initiated by an entity that had the statutory authority to enter, condemn and appropriate land....more

Husch Blackwell LLP

Federal Courts Issue A Mixed Bag Of Decisions On Natural Gas Pipeline Permitting

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Late last month, the Federal Courts issued two major rulings involving certificates of public convenience and necessity for natural gas pipelines issued by the Federal Energy Regulatory Commission. While a decision by the...more

Flaster Greenberg PC

Michigan Governor Whitmer's Pipeline Move Declares War on Aviation

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For nearly a month, Enbridge, Inc., a Canadian oil and gas pipeline company, has been operating its Line 5 pipeline in defiance of an order from Michigan Governor Gretchen Whitmer to shut down Line 5’s operations effective...more

Husch Blackwell LLP

Early Engagement With Title Companies Key To Successful Greenfield Development

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As greenfield development continues to grow, the title industry is facing increasing demand resulting in higher price tags and longer turnaround time for early stage title work. While it may have been common practice to wait...more

Gray Reed

Ambiguity Foils Right of Way Agreement

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The central issue in the Texas case of Cook v. Cimarex Energy Co.: Did Cook grant Cimarex a right of way across Cook’s land to the location of two Cimarex wells. No he didn’t. Reversing the trial court, the court of appeals...more

Opportune LLP

New Mexico’s Oil & Gas Industry Faces Opposition With Potential Ban On Freshwater Use

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It appears that New Mexico’s state government is continuing to move in the direction of environmentalists and away from oil and gas operators. However, New Mexico enjoys significant revenue from the production of oil and gas,...more

Morgan Lewis - Power & Pipes

The Hits Keep Coming: DC Circuit Vacates Dakota Access Pipeline’s Federal Easement

It’s been a difficult several days for the oil industry. First, the Biden administration revoked the border-crossing permit for the Keystone XL pipeline on January 20. Another executive order, among other things, directed the...more

(ACOEL) | American College of Environmental...

An Oily Test for the Public Trust Doctrine

On November 13, Michigan Governor Gretchen Whitmer (“That woman from Michigan!”) issued a notice to Enbridge Energy that by May 2021 it must cease transport of oil through twin pipelines that traverse the Straits of Mackinac....more

Gray Reed

Lignite Lease Prevails Over Pipeline Easement

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San Miguel Electric Coop is a Texas nonprofit electric cooperative that owns and operates a power plant that supplies electricity to 38 Texas counties. After a four-week absence, they return to these pages, this time in DCP...more

Porter Hedges LLP

Recent Victory For All Texas Landowners Facing Pipeline Condemnation

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Porter Hedges recently scored a significant victory for landowners Terrance and Kenneth Hlavinka and their families (“the Hlavinkas”) against HSC Pipeline Partners, a subsidiary of Enterprise Products Partners. On June 18,...more

Morgan Lewis

US Supreme Court Allows Permit for Natural Gas Pipeline Beneath Appalachian Trail

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The US Supreme Court held that the National Park Service’s responsibility over the Appalachian Trail did not incorporate that land into the National Park System, leaving the Forest Service with the authority to grant the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2020 #3

Supreme Court Lifts Key Obstacle to Atlantic Coast Pipeline, but More Challenges Remain - "The U.S. Supreme Court has reversed a lower court ruling that held up construction on the Atlantic Coast Pipeline, which would...more

Saul Ewing LLP

Applying “Basic Property Law Principles,” SCOTUS Upholds Forest Service’s Grant of Pipeline Right-of-Way Beneath the Appalachian...

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“Sometimes a complicated regulatory scheme may cause us to miss the forest for the trees, but at bottom, these cases boil down to a simple proposition: A trail is a trail, and land is land.” Justice Thomas, Opinion of the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2020

FERC: No Rehearing on Potomac Pipeline - "A federal commission this week turned down a request to rehear its approval for a proposed natural-gas pipeline under the Potomac River." Why this is important: In 2018, the Federal...more

Gray Reed

Texas Easement Not Modified By Email

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Copano Energy, LLC v. Stanley Bujnoch, Life Estate, et al. asked whether an enforceable easement had been established by email. The trial court and court of appeal said yes, holding in favor of  landowner the Bujnochs....more

Benesch

Supreme Court Hears Arguments on Atlantic Coast Pipeline

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On February 24, 2020, the U.S. Supreme Court heard arguments on a critical permit needed for completion of the Atlantic Coast Pipeline, a controversial natural gas pipeline crossing the Appalachian Trail.  Supporters of the...more

Gray Reed

What is “Oil or Gas” as Used in a Pipeline Easement?

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In Texan Land & Cattle II, Ltd. v. ExxonMobil Pipeline Company a Texas court of appeals ruled that “oil or gas” is not limited to “crude petroleum,” but includes refined petroleum products gasoline and diesel....more

(ACOEL) | American College of Environmental...

Does The Mineral Owner’s Dominance Foreclose Environmental Advocacy by the Surface Owner?

Since the beginning of recorded mineral law, the owner of the mineral interests has enjoyed an elevated status in its relationship with the surface owner, resulting in the universally accepted notion that the mineral estate...more

Gray Reed

Smart Pig Technology … and the Texas Merger Doctrine

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Today is a two-fer. The questions: When does the “merger doctrine” not work in Texas, and how do courts treat technological developments created after a contract becomes effective?...more

Bricker Graydon LLP

WV high court sides with Antero in implied surface easement dispute

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Law 360 reports that the West Virginia Supreme Court has issued its ruling in the matter of Robert L. Andrews et al. v. Antero Resources Corp. et al. The court addressed whether the plaintiff landowners were unreasonably and...more

Gray Reed

Can Emails Establish an Easement in Texas?

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Email is the way we communicate these days. Whether emails create a contract is important if you’re thinking nothing short of a dead tree could ever bind anybody or, to the contrary, your goal is to establish an enforceable...more

Clark Hill PLC

Yet Another ET Rover Pipeline Accident

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The ET Rover Pipeline through Michigan, Ohio, West Virginia, and Pennsylvania suffers yet another environmental accident. I have documented past problems with the construction of the ET Rover pipeline. Last week, yet...more

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