The Texas Supreme Court, beginning in 2017, began issuing a number of decisions altering the analysis for the interpretation of oil-and-gas agreements, principally mineral leases and conveyances. I wrote about many of these opinions as they were released […]
In the latest episode of our energy law podcast, we discuss troubling developments at the intersection of class actions and consumer protection laws in royalty underpayment cases; the Texas Supreme Court's latest pronouncements on the duties of executive […]
Eminent domain proceedings in Texas are a complex process governed by multiple constitutions, laws, and regulations.[1] Through this process the Texas government, its agencies, and authorized private entities acquire land to advance initiatives relating […]
With the recent uptick in energy-related bankruptcies expected to continue for the foreseeable future (in one prominent example, industry giant Weatherford has just filed for Chapter 11 protection), oil and gas royalty owners need to be on alert. Because […]
In a recent KRCL Energy Practice Group seminar, I discussed the genesis and impact of metal tariffs imposed by the Trump administration. These Trump Tariffs have had a tremendous impact on energy infrastructure construction and midstream activities throughout […]
Last month, the Texas Supreme Court issued a decision that addresses the vexing situation in which the owner of the executive rights also owns the surface, but none (or virtually none) of the minerals. What is the duty of the executive rights holder […]
The San Antonio Court of Appeals recently determined that the acceptance of royalty payments will not necessarily operate as a waiver of a mineral lease's anti-pooling provision. The decision, Strickhausen v. Petrohawk Operating Company, is available […]
In the normal course, when landowners believe they have been underpaid royalties under an oil-and-gas lease, they sue individually. Most of the time the core claim is for breach of contract (notwithstanding that royalty-underpayment petitions are often […]
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In the latest episode of our energy law podcast, learn about offset wells and liquidated damages as unenforceable penalties; the arrival of anti-SLAPP in the oil patch; and the Texas Supreme Court's warning to mineral purchasers: buyer beware […]
The Texas Supreme Court heard oral arguments last week in a case that has the potential to alter the landscape of the industry. In Barrow-Shaver Resources Co. v. Carrizo Oil & Gas Inc., the parties had entered into a farmout agreement that gave […]
In the latest episode of our energy law podcast, the managing partner of Kane Russell Coleman Logan PC's Houston office, Marcy Rothman, discusses pitfalls and best practices surrounding digital signatures in the oil patch and beyond […]