CHPS Podcast Episode 3: Unlocking America's Mineral Potential
Cobalt, Lithium, and the Quest for Sustainable Batteries With John Busbee, Xerion — Battery + Storage Podcast
Impacts of Emerging Regulations: Part 4- the Current State of Responsible Minerals
Not all liens are created equal. The most commonly discussed lien is related to construction improvements under Chapter 53 of the Texas Property Code. For those in the oil & gas/energy segment lien rights exist under Chapter...more
Let’s assume you inherited a 150 acre farm in Lycoming County that has been owned by your family since 1909. In 2020, you are approached by ABC Drilling about a new oil and gas lease for the farm. You retain counsel and...more
On February 15, 2022, the Ohio Supreme Court issued a significant decision in Peppertree Farms, L.L.C. v. Thonen establishing that, unless expressly stated otherwise, an oil and gas royalty interest retained in a deed...more
On November 18, 2021, in another significant case involving surface owners who were attempting to abandon severed mineral interests under the Dormant Mineral Act, R.C. § 5301.56, et seq. (“DMA”), the Seventh District Court of...more
Regency Field Services LLC v. Swift Energy Operating LLC, draws one’s attention to the difficult analyses that should be made before bringing a subsurface trespass claim....more
Last year in West v. Bode, the Ohio Supreme Court determined that mineral estates are subject to the statutory double barrel of both the Marketable Title Act (MTA) and the Dormant Mineral Act (DMA), providing surface owners...more
On March 16, 2021, the Supreme Court of Ohio issued its opinion in Erickson et al. v. Morrison et al., Slip Opinion No. 2021-Ohio-746, clarifying the decision in Blackstone v. Moore, 2018-Ohio-4959, and holding that a...more
West Virginia Surface, Mineral Rights Owners Say Details Will be Key to Getting Co-Tenancy Bill Passed - "Surface and mineral rights owners most affected by co-tenancy legislation say they're wary of jumping on the...more
What does it take these days to get money from a Texas jury? Not much, it seems; in XTO v. Goodwin the trick was convincing a higher court that you should keep it....more
International Ferro Metals (SA) Pty Ltd (IFMSA) went into business rescue on 26 August 2015. Its ferrochrome smelter and dedicated Lesedi Mine fell victim to a combination of economic, regulatory and socio-political factors...more
Webb et al. v. Martinez (Tex. App. San Antonio) - On December 14, 2016, San Antonio’s Fourth Court of Appeals affirmed the trial court’s take-nothing summary judgment regarding a property dispute in favor of Martinez. Webb...more
Riddle: What’s the difference between a hydrocarbon molecule and the underground structure which the molecule inhabits? Answer: In Texas, you can own one and not the other, according to Lightning Oil Co. v. Anadarko E&P...more
Why am I always reporting on plaintiffs who wait too long to file their lawsuit? In the latest Texas case, Trahan v. Mettlen, the Trahans sued in 2010 on a 2006 warranty deed....more
I. General Provisions – “Mineral Rights” - A. Under Ohio law, the term “mineral” generally includes oil and gas unless the language in the granting instruments suggests the parties intended otherwise. Kelly v. Ohio...more
The Texas Supreme Court’s anticipated ruling in the case of Key Operating Equipment Inc. v. Will Hegar and Loree Hegar could significantly impact the ability of oil and gas producers to gain access to wells that are part of...more
Johnson v. Finkle, from North Dakota, centers around the long-standing but oft-forgotten headache that is the Duhig doctrine. If you aren’t familiar, you should be. ...more
It has long been a rule in Texas that the mineral estate is dominant over the surface estate. This rule has taken on increased importance recently with the shale boom driving increased E&P activity in the state....more