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Energy Sector › Mineral Extraction › Mineral Leases

Houston Harbaugh, P.C.

Creating a Chasm or Filling a Void?

Houston Harbaugh, P.C. on

If you drive around Pennsylvania, you are likely not going to encounter a “For Sale” sign offering a cavern in the ground. But the voids, pore spaces, and cavities in the subsurface can be quite valuable now and in the...more

Houston Harbaugh, P.C.

Colored Horses, Toxic Brews and Lithium Too?

Houston Harbaugh, P.C. on

Does the Texas Supreme Court’s Decision in Cactus Water Services v. COG Operating Provide Guidance About Lithium and Rare Earth Minerals Ownership in Pennsylvania? Lithium demand is expected to continue to increase as...more

Baker Donelson

ALTA Considers New Energy Project Endorsement

Baker Donelson on

The American Land Title Association (ALTA) is considering approval of a new Energy Project Endorsement for owner's and loan policies at its spring session. The endorsement (proposed as the ALTA 36.9) Energy Project – Minerals...more

Holland & Knight LLP

Interior Department Finalizes Rule to Limit Oil and Gas, Mineral Development in Alaska

Holland & Knight LLP on

The U.S. Department of the Interior (Interior) released a final rule that will protect millions of acres of Alaskan wildness from the development of oil, gas and minerals. Interior's Bureau of Land Management (BLM), which...more

Gray Reed

An Arbitration Ruling That’s About More Than Arbitration

Gray Reed on

In 2016 Ridge contacted the McDaniels (Double Eagle’s predecessors) with an offer to “lease” their mineral interests in Winkler County. The McDaniels informed Ridge about a producing lease from 2004, and were assured that it...more

Gray Reed

Who is a “Payor” Under the Texas Natural Resources Code?

Gray Reed on

You’ve secured the right leases. You’ve drilled nice wells in the right locations. Now, will you pay the right royalty owners? Follow Devon Energy Production Company, L.P. v. Apache Corporation, to be sure that you do....more

Gray Reed

Foreclosure Included the Minerals Because the Documents Say So

Gray Reed on

In XTO Energy v. EOG Resources, a title dispute over the mineral estate in 1,653 acres in Atascosa and McMullen counties, Texas, the loser tried both, to no avail....more

Troutman Pepper Locke

Trespass by Fracturing? A Theory Alive in Pennsylvania

Troutman Pepper Locke on

Trespass by hydraulic fracturing is alive in Pennsylvania. In a case of first impression in the state, on April 2, the Superior Court held that hydraulic fracturing under the land of an adjoining property may create an...more

Gray Reed

Lack of Proof Dooms Pugh Clause Defense

Gray Reed on

There are specific requirements for proving that an oil and gas lease has survived past its primary term. Fail to hit them all when the lease is challenged at the courthouse, wand disappointment will be order of the day....more

Bricker Graydon LLP

Ohio Supreme Court affirms dismissal of landowners’ complaint in oil and gas dispute

Bricker Graydon LLP on

The Supreme Court of Ohio issued an opinion on January 3, 2018 in Alford v. Collins-McGregor Operating Co., Slip Opinion No. 2018–Ohio–8, affirming the dismissal of the landowners’ complaint for failure to state a claim upon...more

Gray Reed

The Accommodation Doctrine Gets Its Feet Wet

Gray Reed on

Let’s start with a little background: Under the Accommodation Doctrine an oil and gas lessee has an implied right to use the land as reasonably necessary to produce and remove the minerals, but must exercise the right with...more

Stinson LLP

North Dakota Supreme Court Announces a Test for the Paying Quantities Requirement

Stinson LLP on

In Fleck v. Missouri River Royalty Corp., the North Dakota Supreme Court outlined the test that should be used to determine whether a well is producing in paying quantities to satisfy the habendum clause. That test involves...more

BakerHostetler

Pennsylvania Appeals Court Reverses Lower Court Decision and Allows a Natural Gas Well Project to Proceed in a Residential...

BakerHostetler on

On September 9, 2015, Judge Mary Leavitt of the Commonwealth Court of Pennsylvania reversed the Court of Common Pleas of Lycoming County’s ruling, which had set aside the Board of Supervisors of Fairfield Township’s (the...more

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