Category Archives: Oil and Gas Law

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 →

Who Owns Produced Water from Oil and Gas Operations in Texas?

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Update:  The Texas Supreme Court has granted the Petition for Review with oral argument set for March 18, 2025. The El Paso Court of Appeals recently issued an opinion in Cactus Water Services, LLC v. COG Operating, LLC answering the question of who owns produced water resulting from oil and gas production in Texas. [Read Opinion here.] Produced Water Basics This case involves a question of the ownership of produced water. As explained in more detail below, this is water, along with a number of other substances, that travels… Read More →

May 5, 2023 Weekly Round Up

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Happy Cinco de Mayo!  We’re back with another ag law round up of news and articles from around the country. We’ve also got a photo of our newest addition born just yesterday from our place here in Texas. *Texas Supreme Court sides with royalty owner in post-production cost case.  The Texas Supreme Court recently sided with royalty owners in Devon v. Sheppard, a case challenging post production costs in the Eagle Ford Shale.  [Read Opinion here and Dissenting Opinion here.]  To read a good summary of the decision, click… Read More →

March 24, 2023 Weekly Round Up

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Hello from Ft. Worth!  We’re excited to be at the Texas & Southwestern Cattle Raisers Convention this weekend.  If you’re here in Cowtown, be sure to say hi! Here are a number of ag law stories in the news over the past couple of weeks. *Numerous challenges filed against Biden WOTUS definition.  Brigit Rollins at the National Agricultural Law Center recently published a great article outlining the legal challenges currently filed against the Biden WOTUS definition.  [Read article here.]  Since this article, a federal judge here in Texas… Read More →

Texas Oil & Gas Law: When 1/2 of 1/8 Not Equal 1/16

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The Texas Supreme Court recently issued a ruling in Van Dyke v. The Navigator Group, an interesting case involving the use of double fractions in historic oil and gas documents.  [Read Opinion here.]  As the Court noted to open its opinion, “Only in a legal context could the formula ‘one-half of one-eighth’ mean anything other than one-sixteenth.” Background In 1924, the Mulkeys conveyed their ranch and the underlying minerals to White & Tom with the following reservation: It is understood and agreed that one-half of one-eighth of all minerals… Read More →

2022 Ag Law Year in Review – Texas

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Each year, I am surprised by the number of agricultural law developments across Texas. This year is no exception, and I believe it may be the biggest year for agricultural law that I can remember in the Lone Star state.  If you missed our review of the biggest ag law stories on the national level, click here.   High Speed Rail Has Eminent Domain Authority The Texas Supreme Court issued a divided opinion in Miles v. Texas Central Railroad & Infrastructure holding that Texas Central Railroad has the power… Read More →

June 10, 2022 Weekly Round Up

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It’s been a bit since our last Weekly Round Up post, but we’re back! Part of the reason for the delay was a recent trip I took with my family to the Nugget All-American sheep show and sale in Reno, NV.  Because I’m a mom and bragging on our kids is what we do, I’m happy to report that both kiddos won banners.  Braun’s lamb was Reserve Supreme Champion Wether and Champion Dorset Wether and Harper’s lamb was Reserve Speck Wether.  My family also raised the Reserve Supreme… Read More →

Eastland Court of Appeals Rules Oil Company Not Liable for Dead Cows

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When over 100 cattle died after exposure from oil and saltwater from oil and gas operations, their owner sued the oil company.  The Eastland Court of Appeals affirmed a take nothing judgment and dismissal in Foote v. Texcel Exploration, Inc. Background Mr. Foote leased property in Knox County, Texas on which he grazed 650 head of cows.  He hired Mr. Cypert to care for the cattle on the lease. Foote traveled to Knox County, met with Cypert, and went to look at Cypert’s facilities and operations.  Foote did not… Read More →