Category Archives: Oil and Gas Law

Texas Supreme Court Rules in Subsurface Trespass Case

Where an oil and gas production company seeks to drill a  horizontal well through the mineral interest of another, in order to produce oil and gas from a lease held by the driller, does trespass occur?  Since 2014, we have been following the Lightning Oil Company v. Anadarko case through various levels of the Texas court system, which involves this very question.  Last week, the Texas Supreme Court issued a decision upholding the lower court opinions in the case and making clear that in this situation, trespass does not… Read More →

Texas Supreme Court Holds RRC Does Not Have Exclusive Jurisdiction Over Contamination Claims

The Texas Supreme Court issued an important ruling a couple of weeks ago in Forest Oil Corp. v. El Rucio Land and Cattle Company.  [Read full opinion here.]  This case addresses important issues regarding a landowner’s right to sue an oil and gas company for contamination on his or her property and offers a good reminder that parties agreeing to arbitration need to carefully consider and understand what rights they give up in making that agreement. Background James McAllen owns the McAllen Ranch, consisting of over 27,000 acres.  The… Read More →

February 3, 2017 Weekly Round Up

I’m not quite sure how we are already a month into 2017, but here we are.  In the last couple of weeks I have traveled to speak at Extension meetings in Dumas and Lubbock.  Welcome to those of you joining from those meetings! Here are some of the ag law stories in the news. *10 Texas oil and gas cases to watch.  Chris Halgren compiled a list of 10 Texas Supreme Court cases dealing with oil and gas law worth watching in 2017.  His post provides a short… Read More →

October 14, 2016 Weekly Round Up

Happy Friday!  We’re almost halfway through October…not sure where the time goes.  Here are some of the ag law stories in the news this week. *Deadline coming soon for Pasture, Range, and Forage insurance.  November 15 is the deadline to sign up for Pasture, Range and Forage (“PRF” also commonly called “rainfall”) insurance.  This insurance is essentially a way for farmers and ranchers to insure a certain amount of rainfall and to recover an indemnity payment if actual rainfall in their area fall below that amount.  Land eligible is… Read More →

September 9, 2016 Weekly Round Up

Happy Friday!  Here are some of the agricultural law stories in the news this week. * Bird cannons causing trouble for neighbors.  One of the more common nuisance claims involving agricultural operations are those involving propane cannons used to keep birds away from fruits like grapes and blueberries.  Oftentimes, neighbors complain about the sound from these cannons, which can fire off every few seconds for hours a day.  Right to Farm statutes are an important line of defense for farmers facing this type of complaint, if the state’s… Read More →

September 2, 2016 Weekly Round Up

How is it already September?  Not that I’m complaining about the cool, rainy weather we’ve been seeing this week here in the Panhandle!  Here are a few of the ag law stories in the news this week. * Texas Railroad Commission Failed to Track Oilfield Waste Injections Into Groundwater Zones.  In the first of several clips involving the Texas RRC we will see today, the Texas Tribune published an article claiming that even though the RRC agreed to track injections into zones that could hold drinking water sources… Read More →

Ranching in Oil and Gas Country: Rangeland Challenges

I recently gave a webinar presentation as part of the Natural Resource Webinar Series put on by the TAMU Ecosystem and Science Management Unit.  Thanks so much to Megan Clayton and Pete Flores for inviting me to join. Although we were recently unable to fully cover oil and gas issues in a four hour live seminar, I was tasked with trying to condense useful information into an hour!  The first half of the webinar focuses on surface owner issues, such as how to determine mineral ownership, the dominant… Read More →

August 5, 2016 Weekly Round Up

I kicked off this week bright and early on Monday morning in College Station where I coordinated the Landowner Issues Session at the TAMU Beef Cattle Short Course.  It is a great event and we had a huge turn out and great audience questions for our session.  In addition to welcoming those of you joining the blog from BCSC, I also want to give a huge thanks to my co-presenters, Luke Ellis and James Decker, who did absolutely outstanding presentations! Yesterday, I presented a webinar for the TAMU… Read More →

July 1, 2016 Weekly Round Up

Happy July!  Last week we held our final Ranchers’ Leasing Workshop here in Amarillo.  We had a great turn out and I want to welcome those of you joining from that program. Here are some of the ag law stories in the news this week. * The Other Border War.  Texas Monthly published a great article discussing the ongoing dispute between north Texas landowners and the federal Bureau of Land Management regarding the location of the Texas/Oklahoma border.  The article outlines the struggle of one landowner who was… Read More →

May 6, 2016 Weekly Round Up

Welcome to May!  I hope everyone had a great week.  Here are some of the ag law stories in the news. * Suggestions offered in review of Texas Railroad Commission.  The Sunset Advisory Committee–a legislative body that reviews agencies–has published its report offering suggestions for changes needed at the Texas Railroad Commission.  First off, the committee recommended the agency’s name be changed to the “Texas Energy Resources Commission” to clarify that the agency governs oil, gas, mining and intrastate pipelines, rather than railroads.  The committee also suggested changes… Read More →