Category Archives: Oil and Gas Law

April 11, 2014 Weekly Round Up

*This article is not a substitute for the advice of an attorney.* I hope everyone had a fantastic week and has fun plans for the weekend!  This week I traveled out to Brownwood, Texas on Tuesday to give a presentation on agricultural leases, eminent domain, and pipeline easements.  A big thank you to Brown County Extension Agent Scott Anderson for putting this program together.  I enjoyed the chance to visit with several local landowners during and after the program, so welcome to those of you joining us from Brown… Read More →

Court of Appeals Decision Illustrates Importance of Royalty Language

**This article is not a substitute for the advice of an attorney.** Chesapeake Exploration, L.L.C. v. Hyder, decided by the San Antonio Court of Appeals last week, highlights the importance of royalty language in an oil and gas lease.  [Read full opinion here.] Background The lawsuit was filed by a group of royalty and overriding royalty holders who were party to a mineral lease with Chesapeake.  These royalty and overriding royalty owners alleged that Chesapeake breached the lease terms by impermissibly charging certain costs to royalty owners. The lease at issue was… Read More →

February 2014 Weekly Round Up

*This article is not a substitute for the advice of an attorney.* As you may have noticed, weekly round ups have been missing for the past couple of weeks.  I hope to continue the weekly updates of ag law news, and here is a list of major ag law stories that made the news in the month of February. *  Denton Residents Seek Signatures for Fracking Ban.  Citizens of Denton, Texas, seek to become the first city in the state to ban fracking within its bounds.  The Denton Drilling Awareness… Read More →

Summary of Oral Argument in Environmental Processing v. F.P.L. Farming

*This article is not a substitute for the advice of an attorney.* Today the Texas Supreme Court heard oral argument from counsel in Environmental Processing Systems, L.C. v. F.P.L. Farming LTD., which was discussed in detail on this blog on Monday.   Essentially the case involves a claim that waste water from an oil and gas operation that was injected in an underground disposal well on EPS’ property has migrated under the property of FPL Farming, causing subsurface trespass.   The case has been submitted to the Court for decision. The justices… Read More →

Texas Supreme Court To Hear Landmark Underground Trespass Case This Week

*This article is not a substitute for the advice of an attorney.* On Tuesday, the Texas Supreme Court will hear oral arguments in Environmental Processing Systems, L.C. v. FPL Farming LTD., a landmark case involving the intersection of oil and gas production and private property rights.  The question facing the court is whether trespass can occur nearly 1 mile underground when waste water from oil production that is disposed of in an injection well migrates under the property of another landowner.  If you are interested, you may watch the argument online. Factual Background  In… Read More →

San Antonio Court of Appeals Considers Royalties from Horizontal Well

**This article is not a substitute for the advice of an attorney.** Last Friday, the San Antonio Court of Appeals issued a decision in Springer Ranch, LTD . v. Jones, which involved the payment of royalties from a horizontal well.  Although the case is fact-specific based upon a specific contractual agreement between the royalty holders, it provides interesting insight into issues that arise due to the use of horizontal drilling. Background In 1956, a landowner held 8,545 acres in Webb and La Salle counties.  The landowner entered into a mineral lease with an… Read More →

December 20, 2013 Weekly Round Up

**This article is not a substitute for the advice of an attorney.** Here are some of the ag law-related stories making the news this week. *  Dallas Passes Strict Fracking Limitation.  The City of Dallas voted last week to impose one of the strictest fracking ordinances in the country, requiring oil wells to be 1500 feet away from “protected areas” including homes, schools, and churches.  This ordinance greatly increases the set back distance, which currently is 300 feet.  [Read article here.] *  New York Times Article Focuses on Rio… Read More →

December 6, 2013 Weekly Round Up

**This article is not a substitute for the advice of an attorney.** This week I was able to speak at the Texas Commodity Symposium held in conjunction with the Amarillo Farm and Ranch Show.  It was a great symposium and I enjoyed the chance to visit with the attendees and hear the other speakers.  Hello to the new readers from the Farm and Ranch Show!  Here are a few ag law-related stories making news this week. *Federal Reserve Bank Report Suggests Water Market Approach.  The Federal Reserve Bank… Read More →

November 22, 2013 Weekly Round Up

**This article is not a substitute for the advice of an attorney.** This week I was able to speak to two different groups on ag law issues.  On Monday, I was in Waxahachie, Texas speaking with folks at the Ellis County Beef and Forage Producer Meeting about agricultural leases.  Over the last two weeks, I have also been guest lecturing for Professor Fred Boadu’s undergraduate ag law course here at Texas A&M.  Welcome to the new readers from the meeting and the class!  Here is a look at… Read More →

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 →