Should the sufficiency of reworking operations under the cessation-of-production clause of an oil and gas lease be limited to the producing well? Crystal River Oil and Gas, LLC et al v. Patton was a suit to terminate an oil and gas lease due to cessation of production. The case addressed this question, which you would
The Parol Evidence Rule at Work in a Mineral Transaction
A phrase currently in common usage begins with “‘cluster” and ends with a vulgarity that has been around for centuries. Saheid v. Kennedy presents facts that pretty much exemplify the meaning of the phrase:
- While living in England, start out to buy a hotel in New Orleans,
- have no experience in Louisiana mineral transactions,
- when
Does it Matter if a Deed Correction is Material?
Co-author Katie English
McCabe Trust v. Ranger Energy LLC, is the consequence of failing to comply with the Texas Property Code when correcting real property conveyances.
The simplified facts
- In 2008, Mark III executes a mortgage granting a bank a security
Lessons in Administering a Master Service Agreement
Is condensate a contaminant? When it spills and burns a worker, yes. In Hiland Partners v. National Union Fire Insurance Company the operator, an additional insured under a contractor’s commercial general liability insurance policy, was deprived of coverage – and a duty of the insurer to defend. We’ll get to the lessons. But first, …
Mineral Lease Prevails in Louisiana Royalty Dispute
Co-author Brooke Sizer
Prevails over what, you ask? In Gladney v. Anglo-Dutch Energy, LLC, a conditional allowable from the Office of Conservation didn’t supersede lease royalty obligations.
How did we get here?
Anglo-Dutch completed a gas well on the Gladneys’ lease and then filed a pre-application notice for a compulsory drilling and production unit
Award for Nuisance From Gas Wells Squelched
It was a bad day for the Parrs in Aruba Petroleum v. Parr. The trial court judgment was against the operator for intentional nuisance. The Parrs recovered $2.9 million for pain and suffering and mental anguish and for loss of market value of their home caused by Aruba’s gas wells in Wise County, Texas. (See
Oil and Gas Arbitration – Did the Parties Get What They Bargained For?
First, a promise: I won’t report on another arbitration case until there is more to say than “business as usual”. Second, an opinion: Arbitration is still the right forum in many situations. Third, remember: An award and a result, not litigation, was what Venoco says it bargained for.
That said, knowing only that Denbury Onshore
What Price For a Louisiana Servitude?
According to Enterprise Te Products Pipeline Company v. Avila, it is the value of the expropriated property, even if it is as little as 33 cents each to the landowners. This seemingly small case must have had big potential for chaos. Otherwise, why appeal?
Enterprise sought expropriation of a 30-foot wide servitude over the
Oil Industry Custom and the Model Form JOA: A Debate
We begin with an existential question:
“The philosophy behind all of the model form agreements is that aggressive drilling under the JOA should be promoted and rewarded.
Agree or disagree?
That was an issue in Talisman Energy v. Matrix Petroleum. It was not resolved, but the decision is worth your attention because the court enjoined
It’s Now Easier To Be a Common Carrier Pipeline in Texas
We now know what it takes to establish common carrier pipeline status in Texas. According to the Texas Supreme Court in Denbury Green Pipeline Texas LLC v. Texas Rice Land Partners Ltd., all that is required is a reasonable probability that the pipeline will, at some point after construction, serve the public by transporting