As we know, the Parrs won a $2.9 million jury verdict against Aruba Petroleum for a nuisance created by gas wells near the Parrs’ home in Wise County, Texas. Let’s see what claims didn’t make their way to the jury. (See the court’s web site for the motions discussed below and other filings in the
Charles Sartain
Condition Precedent Sinks Chesapeake
A condition precedent was the issue in Preston Exploration Company, et al v. Chesapeake Energy Corporation. This opinion was the result of the parties’ second visit to the federal Fifth Circuit Court of Appeals. In the first trip, the issue was whether the Purchase and Sale Agreement between the parties in a $110 million…
Barnett Shale Drilling Increased North Texas Ozone – Fact or Fiction?
It’s been said that if you torture numbers, they will confess to anything. Perhaps we should call in a UN peacekeeping force to address the treatment of hydraulic fracturing in North Texas.
A University of North Texas study presented to the North Central Texas Council of Governments by student Mahdi Ahmadi, working with his advisor…
Texas Supreme Court Will Review Reversal of $20 Million Judgment
Two intriguing factors are present in the Texas Supreme Court’s decision to review Hooks v. Samson Lone Star, LP. It is out of the ordinary for this court to consider a court of appeals reversal of a large jury verdict. And the discovery rule is again in play in response to a statute of…
Keystone Pipeline is Delayed … Why?
In considering how many bad reasons President Obama might have in announcing a delay of his Keystone Pipeline decision, you’ve got to feel like the hungry mosquito at the nudist colony: There is so much opportunity you don’t know where to start. I can think of 253: 199 Democratic members of the U S House, …
A Plaintiffs’ Jury Verdict in a Texas Fracing Case
Co-author Maryann Zaki
In case you’ve been living in your van down by the river, you’ve heard that a Texas jury awarded $2.9 million to landowners in a case involving alleged hydrocarbon exposure due to hydraulic fracturing operations. Here is the jury verdict. The Parrs sued Aruba Petroleum, alleging that drilling and fracing at…
A Cost-Free Royalty Clause That Works – Part Two: The Override
Co-author Travis Booher
Welcome to part two of the hair-splitting decision in Chesapeake Exploration, L.L.C. v. Hyder. See our prior post about the basic facts.
More Facts
In addition to their cost-free royalty clause for wells on the leased premises, the Hyders also received an overriding royalty interest on wells drilled from pads located…
Native Gas and Storage Gas: Who Owns It?
Northern National Gas Company vs. Approximately 9117 Acres in Pratt, Camden and Reno Counties, Kansas shows the relationship between Kansas oil and gas law and the Kansas Underground Storage Act (KSA §55-1201 et seq).
The result: Obtaining authority to condemn a subsurface reservoir works no instantaneous change of ownership in storage gas under Kansas…
More on the Moral Case for Fossil Fuels and Other Topics
My recent post about Alex Epstein and the moral case for fossil fuels told only part of his story. He also says that the global warming “alarmists” have it all wrong. He refers to “unambiguous” data that CO2 emissions have risen from an atmosphere concentration of .03% to .04%, while over the same period climate-related…
Federal Court: General Partnership Interest Could Be a Security
By: Martin P. Averill
Are general partnership agreements for oil and gas exploration considered “securities” governed by federal securities regulations?
The U.S. Court of Appeals for the 10th Circuit thinks they could be. In SEC v. Jeffory D. Shields and Geodynamics, Inc. et al., the court reversed a trial court ruling which dismissed the…
