Co-author Alexandra CrawleyIn Elm Ridge Exploration Co., LLC v. Engle we are reminded of a little-used provision in the 1989 Model Form Operating Agreement. Article VI.D.1 allows the operator to use its own equipment, but his charges may not exceed prevailing rates in the area, and the rates must be agreed to in writing
Who should decide when, where, how, and even if, hydraulic fracturing should occur?
The locals: “You hypocrites Our good public servants in Austin want ‘local control’ when its against Washington, but deny us the same right. We know better than you about what’s best for our community. To hell with catastrophic litigation exposure and
Have you ever wondered about the original purpose of the retained acreage clause? According to Professor Kramer, it was “to prevent the lessee from losing those portions of a lease that had productive wells thereon if the rest of the lease terminated”. The term
Co-author Shannon ThorneIn McBride v. Estis Well Service, LLC, the federal 5th Circuit Court of Appeals determined that punitive damages are not available to seamen under the Jones Act or under general maritime law. In those cases, recovery is limited to pecuniary losses.
The Drill Barge Accident
Estis Well Service owned and operated
The spirit of Charles Ponzi lives in the oil and gas business. Today we offer advice for attracting special attention from powerful federal authorities, inspired by SEC v. Helms et al. Here’s how you do it:
Helms and Kaelin, marketed a limited partnership to hold royalty interests in 2000 wells and raised $31,000,000 from
Charles Ponzi lives! Today we offer advice for attracting special attention from federal authorities. Here’s how you do it, inspired by SEC v. Helms, et al:
Make promises
If you are Helms and Kaelin, market a limited partnership to hold royalty interests in 2000 wells, raise $31,000,000 from 129 investors.
In a private placement
The box scores after election day showed frackers 4, anti’s 4. Courtesy of a gubernatorial grand-slam by Gov. Andrew Cuomo, hydraulic fracturing is now banned throughout the entire state of New York.
In this ballgame within a ballgame, it’s
Yoko and Shawn, the likes of Moveon.org , and wealthy Manhattanites: 1
Mineral owners, asthmatics
Would this scenario keep you up at night? Your lease does not produce from May through August because a leak in a heater-treater makes it impossible or impractical to produce the well. Problems such as access to the site during rainy weather make repairs difficult. You are beyond the primary term. The top- lessee lurks.
If it’s an injunction you want, some words are your friend and others aren’t. For example:
“Imminent” = friend
“Might” = not friend
“Likely” = friend
“Could” = not friend
“Irreparable” = friend
“Money damages” = not friend
In Lightning Oil Company v. Anadarko E&P Offshore, LLC, the surface and 1/6 of the minerals
Cresson SWD Services, L.P. vs. Basic Energy Services, L.P. is a warning about the perils of an oral agreement for a risky downhole procedure. Cresson hired Basic to make improvements on a saltwater disposal well by deepening the injection zone, inserting a liner, and cleaning out the hole to 8,600 feet.
The Claims
Cresson’s