News & Analysis as of

Oil & Gas Subsurface Estates

Gray Reed

Ohio Federal Court Considers Subsurface Trespass

Gray Reed on

Golden Eagle Resources II LLC v. Rice Drilling D LLC. presents a small step in the development of subsurface trespass law in Ohio. The federal court considered a motion to dismiss, in which it evaluated the sufficiency of the...more

Gray Reed

North Dakota Supreme Court Invalidates Pore-Space Statute

Gray Reed on

This seems to be the season for oil patch courts to return property to its rightful owners. Last week it was a regulatory taking by the City of Dallas. This week it is Northwest Landowners Association v. State of North...more

Gray Reed

Texas Supreme Court Reverses Subsurface Trespass Judgment

Gray Reed on

Regency Field Services LLC v. Swift Energy Operating LLC, draws one’s attention to the difficult analyses that should be made before bringing a subsurface trespass claim....more

Gray Reed

Pennsylvania Rule of Capture Still Bars Subsurface Trespass Claim

Gray Reed on

After a trial court order, two appellate opinions, a dissent, and another appellate opinion, the tension between a well operator and an adjacent mineral owner over whether hydraulic fracturing can constitute a subsurface...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

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2019

Supreme Court Sides with Property Owners; Companies have No Right to Get Natural Gas Without Permission - "The Supreme Court said, 'A mineral owner or lessee has an implicit right to use the overlying surface to access...more

Gray Reed

Trespass But no Damages in a Texas Case

Gray Reed on

What does it take these days to get money from a Texas jury? Not much, it seems; in XTO v. Goodwin the trick was convincing a higher court that you should keep it....more

Gray Reed

You Own the Oil. Do You Own the Rock?

Gray Reed on

Riddle: What’s the difference between a hydrocarbon molecule and the underground structure which the molecule inhabits? Answer: In Texas, you can own one and not the other, according to Lightning Oil Co. v. Anadarko E&P...more

King & Spalding

Important Case on Subsurface Trespass Pending before the Texas Supreme Court

King & Spalding on

Fluids associated with oil & gas production frequently move across subsurface property lines. For example, injected fracing fluids and disposed saltwater often move beyond the lease on which the particular injection well is...more

K&L Gates LLP

The Eyes of Texas are upon a Subsurface Trespass Case

K&L Gates LLP on

The Texas Supreme Court is now poised to decide whether subsurface migration of fluids from an approved injection well may constitute an actionable trespass under Texas common law. Recently accepting a petition for review in...more

BakerHostetler

Texas Supreme Court Set to Hear Case Involving Subsurface Trespass Claim

BakerHostetler on

Last week, the Texas Supreme Court agreed to hear a suit that could determine whether landowners in the state have a cause of action for trespass when water from underground injection wells migrates onto their property. The...more

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide