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
On June 27, 2025, the Texas Supreme Court issued its long-awaited decision in Cactus Water Services, LLC v. COG Operating, LLC, No. 23-0676, resolving a high-stakes dispute over the ownership of produced water—a vexing...more
The Texas legislature passed a series of bills aimed at modernizing the legal and regulatory landscape for the handling and reuse of produced water—a byproduct of oil and gas operations. These developments address permitting,...more
In Myers-Woodward, LLC v. Underground Services Markham, LLC, No. 22-0878, 2025 WL 4356581 (Tex. May 16, 2025), the Texas Supreme Court resolved two significant issues affecting mineral owners and surface owners: (1) who owns...more
The category is “terms that confuse us” for one hundred dollars. Without resorting to your favorite legal dictionary or lawyer, explain the difference between a reservation and an exception in a Texas warranty deed. Stumped?...more
Lithium continues to be a rising star of the natural resources world, and Texas is working to stay on top of the legal issues related to the extraction of lithium from produced water and brine. In this update, we discuss...more
Do North Dakota operators have to pay suspense penalties on all types of late-paid interests? Not according to a recent line of decisions from the North Dakota Federal District Court. These cases interpret the North Dakota...more
On 4 March, President Donald J. Trump touted his America First energy dominance agenda in an address to a joint session of Congress. He promised “swift and unrelenting action” and noted that within his first 43 days in...more
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
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
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
With a renewed focus on domestic energy production and regulatory reform, the incoming administration signals significant shifts in U.S. energy and climate priorities. The incoming Trump Administration will prioritize...more
As the world moves toward cleaner energy, lithium has become crucial, powering electric vehicles and renewable-energy storage systems. With lithium demand set to increase more than 40-fold by 2040, the race to extract this...more
If you follow the Texas Railroad Commission closely, you should read Ammonite Oil & Gas v. Railroad Commission of Texas, in which the Supreme Court rejected a mineral owner’s effort to force pool an interest under the Mineral...more
In Ammonite Oil & Gas Corp. v. R.R. Comm’n of Tex., the Texas Supreme Court held that the Railroad Commission (the “RRC”) did not abuse its discretion in denying a “muscle in” application under the Texas Mineral Interest...more
Solar developers in the PJM region, particularly in Pennsylvania, West Virginia, and Ohio, often encounter land with a complex history of mineral development. This history can significantly impact solar projects, from site...more
Montgomery Trustee v. ES3 Minerals and Echo Minerals is another Texas fixed or floating royalty case. Before diving into the details, perhaps it’s best to describe the pattern the courts seem to fall into to resolve these...more
Good afternoon! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more
Australian Update - Australia and EU Enter Into Critical and Strategic Minerals Partnership - On 28 May 2024, Australia and the European Union (EU) signed a Memorandum of Understanding (MOU) for a bilateral partnership to...more
Debate continues on whether the UAE Consensus achieved at COP28 represents a promising step forward or a missed opportunity in the drive towards climate neutral energy systems. However, the agreement that countries should...more
With global oil and gas demand forecast to grow and huge exploration potential across and offshore the continent, Africa is an increasingly attractive destination for upstream investment. In this chapter for Upstream Oil and...more
Scheming to find the most remote and inaccessible county in Texas (my vote is Yoakum but there is no paucity of candidates) in which to dish out Texas home-town justice to an out-of-state defendant? Consider Bauer and Braxton...more
The Fifth Circuit recently rendered a decision in Cheapside Mins., Ltd. v. Devon Energy Prod. Co., L.P. concerning a class action that arose from Devon Energy Production Company’s (“Devon”) alleged underpayment of royalties...more
True Oil LLC v. BLM is a recent opinion by the Wyoming Federal District Court, based on the appeal of an order out of the BLM Rawlins Field Office. At issue was whether a fee surface owner can grant a subsurface easement...more
Geography—as much as geology—is driving commercial activity and opportunities for mining & metals firms as decarbonization accelerates - The old adage—credited to J. Paul Getty—goes, "The meek shall inherit the Earth, but...more
Population and economic growth: A burgeoning global market - Africa’s population is growing rapidly. Already numbering almost 1.5 billion, it is projected to reach 2.5 billion by 2050 – around 25% of the world’s...more