The question for the Texas Supreme Court in Piranha Partners et al. v. Joe B. Neuhoff et al. was whether an assignment of an overriding royalty in minerals conveyed the override only in production from the identified well (the B #1-28), in production from any well drilled on the identified land (NW/4, Section 28)
Charles Sartain
Help for the Oil Patch Workforce in These Uncertain Times
If you have employees, or you are an employee, you should know that Congress has passed and the President has signed the Families First Coronavirus Response Act to address the impact COVID-19 is having on the American workforce. Here is a summary from Gray Reed’s team of employment lawyers, headed by Ruth Ann Daniels…
Coronavirus and the Energy Industry: Drilling into Force Majeure Clauses

Co-authors Preston Kamin and Ryan Frankel
Schools are closing, major events have been cancelled, businesses are telling workers to stay home, and Texas oil and gas producers are preparing to see how the coronavirus will affect their operations.
Many oil and gas contracts – leases and JOAs for example – have force majeure clauses. The…
“No Obligation” Clause Dooms Oil and Gas Asset Bid

In Chalker Energy Partners III LLC v. LeNorman Operating LLC, the Texas Supreme Court reaffirmed its belief in the sanctity of the written contract and the freedom of parties to negotiate and agree to contracts as they desire.
Chalker and other sellers wanted to sell leases in several Panhandle counties. LeNorman signed a Confidentiality …
Texas Easement Not Modified By Email

Co-author Trenton Patterson
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 (here is our report), holding in favor of landowner the Bujnochs. The Texas Supreme Court reversed.
How to almost…
Family History Guides Interpretation of a Texas Will
Co-author Kelley Clark Morris
Generally, if your will leaves your beloved “all … right, title and interest in and to”, said beloved would receive the entirety of your interest, whether a surface estate, mineral estate, or both. But in ConocoPhillips, et al. v. Ramirez, et al., the Texas Supreme Court looked beyond the…
What’s New in the War Over the Environment?
Is the world hurtling irreversibly toward incinerating, extinction-causing, fossil-fuel induced destruction while we’re doing nothing about it? Maybe not, if you consider overlooked and ignored sources of information.
We You will always have Paris
Despite bailing out of the Paris Climate Accord, the United States led the world in reducing CO2 emissions in 2019. …
Produced Water in Texas … Who Owns It?
Co-author Stephen Cooney
Recent legislation in Texas to promote the recycling of water produced from oil and gas operations are steps in the right direction but may create as many problems as they fix. As technology improves, our population continues to grow at an unprecedented pace, and our water supplies remain limited, recycling of water…
Texas Supreme Court Says Don’t Mess With a Written Contract

It is no surprise to Texas Supreme Court watchers that in Energy Transfer Partners et al v. Enterprise Products Partners LP et al. the court rejected claims that the parties had created a partnership by actions that varied from the terms of written contracts. The court concluded that parties can conclusively agree that no…
Keeping Score in Midstream Dedications in Bankruptcy: Midstreams 2, Producers 1

Co-author Lydia Webb
Ever since the Sabine Oil and Gas Corp. bankruptcy (the top of the first, If it were baseball), where a New York court construed Texas property law to hold that a gathering agreement was not a covenant running with the land, we at Gray Reed, and you if you’re following, have speculated…