News & Analysis as of

Jurisdiction Contract Disputes Oil & Gas

Oliva Gibbs

Get back in your lane: North Dakota Supreme Court limits NDIC’s adjudicatory authority over saltwater gathering disputes

Oliva Gibbs on

In a rare rebuke of the North Dakota Industrial Commission (“NDIC”), the Supreme Court held that saltwater gathering is a post-production cost — and that the NDIC lacks authority to adjudicate disputes over such costs between...more

Jackson Walker

Texas Supreme Court Clarifies Default Ownership of Produced Water in Oil & Gas Leases – Key Questions Remain

Jackson Walker on

On June 27, 2025, the Texas Supreme Court issued a pivotal decision in Cactus Water Services, LLC v. COG Operating, LLC, holding that under the language of the granting clause found in the standard oil and gas lease, produced...more

Morgan Lewis

Supreme Court to Resolve Federal Officer Removal Circuit Split in WWII Contracts Case

Morgan Lewis on

The US Supreme Court on June 16, 2025 granted certiorari for an appeal from a divided opinion by the US Court of Appeals for the Fifth Circuit relating to the federal officer removal statute. The appeal comes after a jury...more

Gray Reed

Ambiguity Frees Louisiana Royalty Owner From Post-Production Costs

Gray Reed on

In Franklin v. Regions Bank the Fifth Circuit concluded that a royalty clause in a mineral lease resulted in a gross proceeds royalty; the royalty owners did not bear their proportionate share of post-production costs. Read...more

McGinnis Lochridge

Texas Business Court Weighs Jurisdiction over Out-of-State Property Interests

McGinnis Lochridge on

When can a Texas court rule on New Mexico property disputes? The answer hinges on whether the property interest is 'central' or just 'incidental' to the real fight....more

WilmerHale

SCOTUS to Decide the Scope of Federal Officer Removal for Federal Contractors

WilmerHale on

On Monday, June 16, 2025, the U.S. Supreme Court granted certiorari in Chevron U.S.A. Inc. v. Plaquemines Parish, a case about the extent to which federal contractors can remove lawsuits to federal court under the federal...more

Adler Pollock & Sheehan P.C.

The Outer Continental Shelf Lands Act and Offshore Wind Contract Disputes

Dueling Executive Orders In recent weeks, outgoing President Joe Biden and incoming President Donald Trump each issued a Presidential Memorandum to withdraw extensive areas of the Outer Continental Shelf (OCS) for future...more

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