Category Archives: Oil and Gas Law

Texas Supreme Court: Produced Water Conveys to Mineral Lessee

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The Texas Supreme Court ruled last week in Cactus Water Services, LLC v. COG Operating, LLC. [Read Opinion here.]  This opinion is extremely important for all Texas landowners as it was the first time the Supreme Court weighed in on who owns produced water in Texas. Background This case involves 37,000 acres of land in Reeves County. Mineral Leases and Production COG Operating acquired four mineral leases from two surface owners for the land.  The leases granted COG the right to explore, produce, and keep “oil and gas” or… Read More →

Texas Supreme Court Rules Surface Owner Owns Pore Space Beneath Land Absent Agreement Otherwise

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The Texas Supreme Court issued an important opinion last week in Myers-Woodward, LLC v. Underground Services Markham, LLC.  [Read Opinion here.] This case answers the pressing legal issue of who owns the pore space beneath land in Texas.  Given advances in technology that now enable oil and gas to be stored in such pore space, the answer to this question has real world implications and economic consequences. Background Myers-Woodward, LLC (“Myers”) owns 160 acres in Matagorda County. 1947 Mineral Deed In 1947, prior to Myers owning the property, the… Read More →

Court Finds Surface Owner Unable to Enforce Burial Provision in Oil and Gas Lease

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A recent Amarillo Court of Appeals opinion in Unitex WI. LLC v. CT Land and Cattle Co., LLC, raises important questions of the enforceability of surface protections in an oil and gas lease. Background CT Land and Cattle Co., LLC (“CT”) owns the surface interest in a ranch.  It purchased this interest in 2013.  There were a number of oil and gas wells and corresponding pipelines on the ranch at this time.  Unitex WI, LLC and Unitex Oil and Gas, LLC (collectively “Unitex) maintains at least some of the wells… Read More →

September 27, 2024 Weekly Round Up

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Happy Friday!  It has been a whirlwind of a month around here.  Thank you to those of you who I have seen on the road at in person presentations–it has been fun getting to connect face-to-face with so many readers. There has been a lot of news on the agricultural law front. * Lawsuit filed against Tyson “climate smart beef” claims. The Environmental Working Group has filed suit claiming that Tyson’s marketing “climate friendly” beef is misleading consumers.  Tyson sells some beef with a “climate smart” label and has… Read More →

August 23, 2024 Weekly Round Up

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Welcome back to another Weekly Round Up where we get you caught up on some of the biggest stories in ag law news around the country. *Federal court finds FTC ban on noncompete agreements unlawful, sets rule aside in nationwide order.  A federal judge in Texas held that the FTC’s recent rule prohibiting most noncompete agreements is unlawful.  The court held that the rule went beyond the FTC’s authority and was arbitrary and capricious.  The judge issued an order setting aside the rule on a nationwide basis.  This… Read More →

June 7, 2024 Weekly Round Up

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Summer is here and there are plenty of agricultural law updates to discuss. *Lawsuit filed challenging law creating business courts.  On May 23, Dallas County filed suit challenging the constitutionality of the business court system created by the Texas Legislature last session.  The new courts have jurisdiction in high-dollar business cases, with the judges appointed by the governor and a 15th Court of Appeals to hear all appeals.  The lawsuit challenges the constitutionality of the business court set up in creating a state-wide district for the new Court… Read More →

February 2, 2024 Weekly Round Up

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February is coming in hot on the agricultural law front!  We have a number of updates on important issues from around the country. *Oral argument set at SCOTUS for Texas v. New Mexico. The United States Supreme Court will hear arguments in Texas v. New Mexico, a water law case involving the Rio Grande on March 20.  You may recall from prior blog posts that Texas sued New Mexico claiming New Mexico failed to honor the spirit of a 1938 compact providing for certain deliveries of water on the Rio… Read More →

January 19, 2024 Weekly Round Up

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It has been a very busy couple of weeks for agricultural law around the country.  Here are some of the biggest stories in the news. *Texas landowners argue takings case at United States Supreme Court.  This week, the United States Supreme Court heard oral argument in Devillier v. Texas.  The lawsuit involves claims by rural landowners who claim Texas’ expansion of I-10 east of Houston resulted in flooding that constitutes a taking of their private property for which they are entitled to just compensation.  At issue in the case… Read More →

2023 Ag Law Year in Review – Texas

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Last week, we discussed what a busy year it had been nationally for agricultural law.  To learn more, read here or listen here. This week, we are shifting our focus closer to home and looking at the biggest agricultural law issues in Texas this year. Ownership of Produced Water  The question of who owns produced water in Texas is extremely important and will have major implications for landowners and oil and gas operators across the state.  At issue is ownership of “produced water,” the water that comes out… Read More →

September 8, 2023 Weekly Round Up

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We’re back again with another rundown of some of the key ag law issues in the news this week. *There is a new I-9 form that must be used starting November 1, 2023.  The US Citizenship and Immigration Services released a new I-9 form on August 1.  For now, employers may use either the new form or the current form, but as of November 1, all employers must use the new form. You can find the new form here.  A summary of the changes may be found here…. Read More →