Category Archives: Oil and Gas Law

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 →

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 →