The Texas Supreme Court recently requested full briefing in a petition for review from the Eighth Court of Appeals in El Paso, titled Clifton, et al. v. Johnson, et al. The petition for review requests that the Supreme Court reverse the appellate court’s judgment and render judgment for the Appellants. The issue at hand involves […]
New Mexico: Land of Contrasts
The oil and gas industry in New Mexico in 2024 is like a boxer who keeps taking hits, but remains standing. Some hits are glancing blows, and some are near misses. From legislative to legal to development of the southeastern corner of the state, there are challenges—and opportunities in the year ahead for New Mexico’s […]
Timing is Everything
Timing is everything. In January of this year, a petition for review was filed with the Texas Supreme Court titled Scout Energy Management, LLC v. Taylor Properties, in which Scout asks the Court overturn an opinion issued out of the 7th Court of Appeals in Amarillo that involved the interpretation of a shut-in royalty clause […]
District Export Councils
One of the Permian’s Best Kept Secrets by Julie Anderson The West Texas District Export Council is one of the nationwide networks of District Export Councils which make significant contributions to America’s international competitiveness. The West Texas Council contributes leadership and international trade expertise to complement the U.S. Commercial Service’s export promotion efforts through […]
Opposites Attract
In the middle of a bout with the saber-rattling Bureau of Land Management over frac’ing regulations, the oil and gas industry is, it would seem, nearly back to “business as usual.” by Tony Burke Hydraulic fracturing was developed to stimulate wells and increase production. The practice’s experimental infancy dates back well over a […]
Under the Rotunda: The Battle Begins
By Lana Cunningham This month marks the commencement of a session worth scrutinizing. Jack Ladd, Jr., vice president and special counsel for the Permian Basin Petroleum Association, sizes up the 2015 Texas Legislative Session and what it means to the oil and gas industry. Obtain more funding for roads. Check. Lift the export […]
Keep Those Names Straight
Many companies operate more than one entity, and oil and gas operators are no different. But what they may not realize—or simply disregard—is the fact that insufficient separation between those entities could expose all to liability to all owned entities. The Eleventh Court of Appeals of Texas recently reviewed a trial court judgment that found […]
A Test of Allocation
Allocation wells have become a fairly hot topic with the Texas Railroad Commission, and Lessors. Although I have written about this previously, a refresher may be in order. The Texas Railroad Commission has been issuing permits since 1998 based on Production Sharing Agreements. These Agreements, signed by the interest owners, combine units or unpooled tracts […]
The Benefit of the Bargain
On February 27th of this year, the Texas Supreme Court heard oral argument in a suit filed by landowners (“Wheeler”) against Enbridge Pipelines (East Texas), L.P. (“Enbridge”). The basis of the suit was damage to land on a right of way. The fact that there was damage was not contested. What was contested was the […]
A Test of the “Right to Pool”
In January of last year, the Court of Appeals for the First District of Texas issued an opinion that centered on surface use by an oil and gas operator. The Court of Appeals affirmed the lower court’s judgment, which found in favor of the surface owners, Will and Loree Hegar. The operator, Key Operating & […]
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