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Energy & the Law

Tag Archives: 1989 model form operating agreement

Non-Operators Shake Off the JOA Tar Baby

Posted in Operating Agreements

Co-author Andrew Neal Non-operators have had a lot in common with Br’er Rabbit ever since 2006, when the Texas Supreme Court surprised the industry in Seagull Energy E & P, Inc. v. Eland Energy, Inc. Their tar baby is the ruling that, absent a release from the operator a working interest under a JOA who assigns his interest to… Continue Reading

Operator Not Liable for Breach of JOA – Louisiana Version (Kind of)

Posted in Operating Agreements

It’s deju vu all over again in Chesapeake Operating, Inc. v. Sanchez Oil & Gas Corp. More accurately, it is a variation of Reeder v. Wood County Energy, LLC, et al. applied to Louisiana operations. For the impact of the exculpatory clause protecting the operator from liability in the 1989 Model Form JOA, see my post (co-authored by Marty Averill),… Continue Reading