As promised in our September 9 post, here is a more detailed analysis of Reeder v. Wood County Energy, LLC, et al, the recent Texas Supreme Court decision holding that an operator is not liable for breach of the 1989 model form JOA absent willful misconduct or gross negligence.
Charles Sartain
Fracking is an Ally Against Global Warming
It is difficult to resist shameless promotion of natural gas, especially when to do so makes sense. Here is an article by Bjorn Lomborg, A Fracking Good Story . Mr Lomborg is is an adjunct professor at the Copenhagen Business School, and founder and director of the Copenhagen Consensus Center and is known as a…
Five Ways You Can HelpYour Title Examiner Reach the Goal Line
Written by Travis Booher
Disclaimer: Travis should not be blamed for the lame football analogies in this post.
All too often landmen see the same old comments and the same old requirements in title opinions. I was recently asked for ways to decrease the number of comments and requirements and hence, the amount of curative…
Portions of Pennsylvania’s Act 13 Declared Unconstitutional
In a victory for local control of oil and gas activity, or for environmentalists hoping to ban gas drilling altogether, or both, a Pennsylvania court struck down two major provisions of that state’s new oil and gas statute as unconstitutional.
Act 13 of the Pennsylvania legislature, signed into law in February 2012, significantly amended…
Operator Not Liable for Breach of 1989 Model Form JOA
Co-authored by Marty Averill
If you are a non-operator under the 1989 Model Form Operating Agreement, pay close attention to Reeder v. Wood County Energy, LLC, et al. The Texas Supreme Court ruled that the operator is not liable to non-operators for breach of the agreement except in the cases of gross negligence or willful…
Bonus Post – In Search of the Perfect Sazerac
Reformation For Mutual Mistake Is Not Available to a Negligent Party

My, how times change! In a suit that brings the chaos, frenzy, and all-embracing madness of 2008 Haynesville leasing activity into focus, Hall Ponderosa LLC vs. Petrohawk Properties L.P. held that reformation of an oil and…
Buyer Recovers Damages for Over-Produced Gas Wells
Petro-Hunt L.L.C. vs. Wapiti Energy L.L.C. causes one to think about the effect of a gas imbalances on a producing property acquisition and the importance of so-called “boilerplate” in the purchase agreement. It is also the saga of a bad day at the plate for the seller.
Let’s say I sold you an interest in…
An Operating Agreement Can Be a Covenant Running With the Land
I promise this will be the last post in a while on covenants running with the land. I think we all get it by now (This topic was discussed in my August 1 post).
The Result
A Joint Operating Agreement referenced in documents that is in a party’s chain of title and is, by its…
Reservoir Engineers Could be Liable for Aiding and Abetting
Highland Capital Mgmt., L.P. et al v. Ryder Scott Co. shows how far a plaintiff will reach to find deep pockets to pay for a bad investment. Here, the plaintiffs went after the reservoir engineers who made reserve estimates and to a purchaser who acquired notes after the plaintiff acquired theirs. There was a question…




