Category Archives: Oil and Gas Law

November 15, 2013 Weekly Round Up

**This article is not a substitute for the advice of an attorney.** It was a busy week across the country for ag law issues.  Today we have updates from issues in Texas, New Mexico, Wyoming, Oklahoma, and Colorado. *  Texas Comptroller Susan Combs Seeks Funding from Congress for Endangered Species Act Analysis.  The Comptroller was in Washington, DC this week to pitch her idea that Congress create a $50 million National Science Fund to conduct independent research into animals proposed to be listed as endangered species, which would factor in… Read More →

Breaking News: Motions Denied in Bragg v. Edwards Aquifer Authority and Davis v. Devon Energy Corp.

**This article is not a substitute for the advice of an attorney.** Courts of Appeals in Texas and New Mexico have denied motions in cases previously discussed on this blog.  Here is a summary of what has happened in the last couple of weeks. Bragg v. Edwards Aquifer Authority In August, the San Antonio Court of Appeals issued what has been deemed by many to be a landmark water rights decision in Bragg v. Edwards Aquifer Authority.  As previously explained in detail, the court found that the by denying the… Read More →

October 18, 2013 Weekly Round Up

**This article is not a substitute for the advice of an attorney.** Here are a look at some of the stories related to agricultural law in the news this week.   1.  A bill, titled the Water Rights Protection Act, has been introduced in the United States Congress that would prohibit the US Secretary of Agriculture and Secretary of the Interior from conditioning any permit, lease, or other right to use federal property upon the granting of a water right to the United States.   [Read proposed bill here.]  The American… Read More →

October 4, 2013 Weekly Round Up

**This article is not a substitute for the advice of an attorney.** I spent this week traveling across Texas for various presentations and meetings.  I enjoyed the chance to speak to the Texas Chapter of the American Society of Farm Managers and Rural Appraisers in Wichita Falls  about current water legislation and litigation on Monday and to a group of landowners in Jack County about eminent domain and pipeline easement negotiations on Tuesday evening.  To those of you who are new to the blog from those events, welcome! … Read More →

September 27, 2013 Weekly Round Up

**This article is not a substitute for the advice of an attorney.** It has been a busy week for ag law-related stories in the news.  Here are recaps of some of the major stories this week. *  AQHA Files Appeal in Cloning Suit.  The American Quarter Horse Association filed its formal notice of appeal on Monday.  As you’ve previously read, this summer an Amarillo jury ruled against the AQHA, finding that its rules prohibit the registration of clones violate federal and state antitrust laws.  On August 22, Judge… Read More →

Appeal Could Impact New Mexico Oil and Gas Law

**This article is not a substitute for the advice of an attorney.** An application for appeal currently pending before the New Mexico Court of Appeals could impact how royalties are calculated and paid to royalty owners under New Mexico law. In 2003, a class action lawsuit was brought against Devon on behalf of several hundred royalty and overriding royalty owners in the San Juan Basin.  The lawsuit alleged that Devon improperly reduced royalty payments when it deducted from royalties a share of the costs of compressing, dehydrating, treating,… Read More →

Most Favored Nations

**This article is not a substitute for the advice of an attorney.** Recently, the San Antonio Court of Appeals rendered an opinion in BP America Production Company v. Zaffirini, addressing the interpretation of a  “most favored nations” clause of an oil and gas lease.  Landowners negotiating oil and gas leases should be aware of most favored nations clauses and may want to consider requesting them in mineral lease agreements. What is a “most favored nations” clause? According to Black’s Law Dictionary, a most favored nations clause is defined as “a… Read More →

September 6, 2013 Weekly Round Up

**This article is not a substitute for the advice of an attorney.** Yesterday I attended the 40th Annual Sheep and Goat Field Day in San Angelo, Texas.  It was a great turn out and a great program.  Welcome to the new followers who attended the Field Day. Here’s a look at some of the ag law-related stories making news this week. *  New York’s highest appellate court will decide whether municipalities have the right to ban fracking.  In New York, the regulation of oil and gas production is… Read More →

Surface Owners Beware!

**This article is not a substitute for the advice of an attorney.** As the oil and gas boom continues across Texas, many surface owners are surprised at the rights that mineral lessees (usually oil or gas companies) have to use the surface of the land without any input, consent, or permission of the surface owner.  It is critical for all landowners, but in particular for those surface owners who do not own the mineral rights underlying their property, to understand the implied rights of mineral lessees.  (For purposes of simplicity and… Read More →

August 2, 2013 Weekly Round Up

**This article is not a substitute for the advice of an attorney.** Happy August!  Here are some agricultural law-related stories making the news this week. * Arsenic in Texas Wells?  A recent study looking at water well quality in the Barnett Shale region has found elevated levels of arsenic in wells that are closer to natural gas extraction sites.  The study tested 100 wells in the region where fracking has been used to extract natural gas and found that those with dangerous arsenic levels were generally closer to the… Read More →