News & Analysis as of

Oil & Gas Mineral Rights Energy Sector

BakerHostetler

Pore Space Update: Texas Joins the Majority American Rule, but Accommodation Issues Remain at Play

BakerHostetler on

Texas is the latest in a growing number of states to tackle the issues related to ownership and severability of the pore space underneath land as carbon capture and sequestration (CCS) remains a relevant tool in CO2...more

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?

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

Gray Reed

Federal Court Gives a Primer on Oil and Gas Lease Maintenance

Gray Reed on

In re: EP Energy E&P Company, LP considered three lease maintenance provisions in several oil and gas leases. The federal district court ruled that the leases were maintained in force after cessation of production despite...more

Oliva Gibbs

No Standing, No Sale: What Cardinal Minerals, LLC v. Miller Means for Ohio Mineral Transactions

Oliva Gibbs on

Who has standing to challenge abandonment of a mineral interest under the Ohio Dormant Mineral Act (“DMA”)? Earlier this year in two cases, both styled Cardinal Minerals, LLC v. Miller, the 7th District Court of Appeals of...more

Houston Harbaugh, P.C.

Landowners Should Ensure that Solar Farm Payments Retain Their Value Over Time

Houston Harbaugh, P.C. on

Leases for solar energy facilities offer property owners the potential for a predictable, long-term revenue stream. But, because of the potential decades-long duration of a lease for solar energy facilities, things like...more

Steptoe & Johnson PLLC

District Court Dismisses Challenge to West Virginia Unitization Act

Steptoe & Johnson PLLC on

On March 20, the U.S. District Court for the Northern District of West Virginia dismissed Sonda v. West Virginia Oil and Gas Conservation Commission for lack of standing. The lawsuit was brought by mineral interest owners...more

Steptoe & Johnson PLLC

Ohio Supreme Court Provides Some Clarity on the Specificity Required to Reserve Interests Under the Marketable Title Act

Steptoe & Johnson PLLC on

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

White & Case LLP

Managing economic and social change toward a sustainable future: US energy—Searching for opportunity amid uncertainty

White & Case LLP on

The oil & gas (O&G) sector is no stranger to volatility, but it is even more at risk of instability at a time of unpredictable political situations, changing economic structures and broader global vulnerabilities. White &...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2019 #3

Trump Admin Submits Final Rule to Kill Obama Clean Power Plan - "The new replacement rule to the Clean Power Plan, deemed the Affordable Clean Energy rule, aims to give states more time and authority to decide how to...more

Snell & Wilmer

Colorado Legislature Passes Sweeping Oil and Gas Reform

Snell & Wilmer on

Members of the Colorado State Senate, on a strictly party-line vote, approved amendments to SB-181 made by the State House. SB-181 will now make its way to the Governor’s desk, where it is all but certain to be signed into...more

Roetzel & Andress

Supreme Court Of Ohio Takes Up Oil And Gas Statute Of Limitations Question

Roetzel & Andress on

Recent litigation over statute of limitations issues in the context of oil and gas leases highlights the importance of diligence when analyzing ownership of mineral rights in the context of the validity of oil and gas leases....more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - March 2019 #2

West Virginia Supreme Court Hears Oral Arguments in EQT Doddridge County Trespassing Case - "The state Supreme Court will decide if a lower court judge got it right when he ruled natural gas production company EQT trespassed...more

Steptoe & Johnson PLLC

What Factors are Influencing Colorado’s Future Role in the U.S. Energy Sector?

It is no secret that Colorado is, and has been in recent years, a hot state in the domestic energy sector. One of the reasons that the state has been a hotbed for development is due to the potential that the state has for...more

Steptoe & Johnson PLLC

Ohio Governor Signs Law Exempting Landmen from Licensing Requirement

Steptoe & Johnson PLLC on

On December 19, 2018, Ohio Governor John Kasich signed Ohio Senate Bill No. 263, which amended O.R.C. 4735.01 to exempt oil and gas land professionals (landmen) from the real-estate licensing requirement made necessary by the...more

Steptoe & Johnson PLLC

Ohio Supreme Court Upholds Land Professional Licensing Requirement

Steptoe & Johnson PLLC on

On September 25, 2018, the Supreme Court of Ohio issued its opinion which held that oil and gas land professionals must be licensed as real estate brokers in Ohio if they are engaged in obtaining oil and gas leases for other...more

Bricker Graydon LLP

Ohio law requires oil and gas land professionals to hold broker’s license to be compensated

Bricker Graydon LLP on

On September 25, 2018, the Ohio Supreme Court issued its decision in Thomas Dundics v. Eric Petroleum, Slip Opinion No. 2018-Ohio-3826, holding that the plain language of Ohio Revised Code 4735.01 does not exclude oil and gas...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

Texas Accomodation Doctrine Claim Repudiated

Gray Reed on

Harrison v. Rosetta Resources Operating LP presents a wacky? time-wasting? clever? unsuccessful attempt to expand reinvent the Texas accomodation doctrine....more

Gray Reed

Texas Court Tells Plaintiffs How to Recover Title to Property

Gray Reed on

In this title action the title issues didn’t matter. The lesson is simple: The exclusive procedure to resolve competing claims to real property in Texas is a statutory trespass-to-try-title suit under Property Code Chapter...more

Hogan Lovells

Removing the court's power to decide for the minister of mineral resources

Hogan Lovells on

Public officials' decisions aren't always flawless when applying the Mineral and Petroleum Resources Development Act, No 28 of 2002 (MPRDA), and there are often situations where the Minister of Mineral Resources makes an...more

Jackson Walker

‘A Primer on Marketing Hydrocarbons’ Presentation

Jackson Walker on

Jackson Walker partner Michael P. Pearson delivered a presentation entitled “A Primer on Marketing Hydrocarbons” at the Fundamentals of Oil, Gas and Mineral Law Course associated with the 44th Annual Ernest E. Smith Oil, Gas...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

Porter Hedges LLP

Business Litigation Alert: "Texas Supreme Court Ruling Highlights the Importance of Heeding 'Red Flags' During Pre-Contract...

Porter Hedges LLP on

Last month, the Texas Supreme Court upheld a lower court’s decision to toss a lawsuit by Orca Assets GP LLP against JP Morgan Chase over property in the Eagle Ford Shale. ...more

Gray Reed

NPRI Reservation Survives Rule Against Perpetuities

Gray Reed on

Recall the Battle of the Bastards: The heroic Lady Sansa and the duplicitous Lord Baelish gallop over the hill to save the foolish Jon Snow from the heinous Ramsey Bolton. In similar fashion, but without the malnourished...more

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