News & Analysis as of

Minerals Royalties

Pillsbury - Gravel2Gavel Construction & Real...

From Waste to Wealth: Texas Supreme Court Ruling in Cactus Water Defines Produced Water Ownership, Sets Stage for Clarity on...

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

McGinnis Lochridge

Who Owns the Empty Space? Texas Supreme Court Affirms Surface Ownership of Salt Caverns in Landmark Ruling

McGinnis Lochridge on

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

Houston Harbaugh, P.C.

Pennsylvania Superior Court Reaffirms the Dunham Rule

Houston Harbaugh, P.C. on

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

Vinson & Elkins LLP

Balancing Act: Lithium Extraction and a New Era of Legal Issues

Vinson & Elkins LLP on

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

Oliva Gibbs

All Means All, Y’all: The Fifth Circuit Addresses CAFA Exception

Oliva Gibbs on

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

Bennett Jones LLP

Leaving the Court in Peace: the Alberta Court of Appeal Applies Narrow Limitations Exception for Declaratory Relief

Bennett Jones LLP on

The Alberta Limitations Act does not apply to requests for "a declaration of rights and duties, legal relations or personal status". The exception is narrow. But as recently confirmed by the Alberta Court of Appeal in...more

Roetzel & Andress

One Less Way for Ohio Landowners to Challenge Royalty Severances

Roetzel & Andress on

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

Gray Reed

Trespass But no Damages in a Texas Case

Gray Reed on

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

Holland & Knight LLP

SEC Rules for Resource Extraction Issuers Could Lead to Increased FCPA Scrutiny, Disclosures

Holland & Knight LLP on

New rules issued by the U.S. Securities and Exchange Commission (SEC) that require resource extraction issuers to disclose payments made to U.S. and foreign governments for the commercial development of oil, natural gas or...more

Dorsey & Whitney LLP

Understanding the SEC’s Proposed New Mining Disclosure Rules: Questions and Answers

Dorsey & Whitney LLP on

On June 16, 2016, the SEC proposed a major overhaul of the disclosure requirements for companies that are engaged in material mining operations, including royalty companies. The proposed rules would replace the SEC’s...more

Gray Reed

A Cost-Free Royalty Clause That Works – Part One

Gray Reed on

Chesapeake Exploration, L.L.C. v. Hyder is another hair-splitting Texas decision about “cost-free royalties”. ...more

Gray Reed

Perils Of Proportionate Reduction, And A Detour Through D-Day

Gray Reed on

First, an admission and a regret: My June 6 post missed the 69th anniversary of an episode as significant as any in our country’s history: D-Day. ...more

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