Do bystanders see oil and gas producers as taking a stand for morality? Alex Epstein of the Center for Industrial Progress says they should. He approaches the value of fossil fuels in our society differently from most industry defenders. The opponents make a moral case against fossil fuels: They destroy the earth and their use
A Cost-Free Royalty Clause That Works – Part One
Co-author Travis Booher
Chesapeake Exploration, L.L.C. v. Hyder is another hair-splitting Texas decision about “cost-free royalties”.
The Facts
The Hyder family executed a lease covering 1,037 acres. Chesapeake drilled 22 wells on the leased premises. The Hyders believed their lease provided for a “cost free” royalty; that is, no post-production deductions. Chesapeake deducted post-production
Distributions from a Texas Trust Deemed Separate Property
Co-author Alexandra A. Crawley
Conventional wisdom is that a spouse’s earnings from separate property are community property. But it’s not that simple. In Benavides v. Mathis a Texas court denied wife Leticia’s claim to one-half of the income derived from minerals held in a trust in which incapacitated husband Carlos was a beneficiary.
Years before
What is a Bird Worth to a Regulator?
What is a wild bird worth? Does it matter whether it is a Bald or Golden Eagle, of which here are few, or ducks and pelicans, of which there are enough (as least the ducks) so that hunters may shoot them for dinner. Does it matter how they meet their demise? Is a bird drowned
Was the Royalty Reservation “Floating” or “Fixed”?
The question in Graham v. Prochaska: Did the grantors in a 1950 Texas warranty deed reserve a “floating” 1/2 royalty interest or a “fixed” 1/16th royalty?
The Deed
At issue were three provisions:
- “Save and except there is reserved … ½ of the 1/8th royalty to be provided in any and all leases
Reaping What You Sow – City of Dallas Sued by Trinity East Energy
Suppose I own a large tract of land in the region of the Barnett Shale, the exclusive right to allow (or prevent) drilling on the aforesaid land, and a desparate need for funds. You have $19 million and the desire to exploit the minerals. I take your $19 million, and when you ask for permission
Mixed Result in a Louisiana Legacy Pollution Case
Co-author Ann Weissmann
The Dietz family sued several lessees for injunctive relief and restorative damages arising out of leases on two non-contiguous tracts in Acadia Parish. In Dietz, et al. v. Superior Oil Company, et al the trial court granted the lessees’ dilatory exceptions of prematurity and improper cumulation and dismissed the plaintiff’s suit without
For Success Against a Pipeline, Go to the Right Court
The first step in successfully challenging the Keystone Pipeline: Choose a court that has jurisdiction. Mr. Bishop learned that lesson the hard way in Bishop v. TransCanada Keystone Pipeline.
Mr. Bishop lived in Nacogdoches County, Texas, when TransCanada attempted to negotiate an easement and pipeline right-of-way. Those negotiations failed and TransCanada brought a condemnation proceeding.
Is There Schizophrenia About Fracking?
Schizophrenia : A mental disorder characterized by a breakdown of thought processes and by impaired emotional responses. Common symptoms include delusions, such as paranoid beliefs; hallucinations and disorganized thinking.
Somebody is crazy, or at least very, very wrong, about the hydraulic fracturing debate.
Earthquakes and Fracking
In the controversy over “frackquakes”, brave small-town citizens are
Rumblings From a Louisiana Seismic Agreement
Co-author Ann Weissmann
If the significance of a lawsuit can be gauged by the 23 lawyers and 10 firms identified in the opinion, Olympia Minerals, LLC, et al v. HS Resources, Inc., et al., is as noteworthy as Bush v. Gore, Brown v. Board of Education, and even Kramer v. Kramer