2025 Oil Market Outlook: What OPEC, U.S. Shale, and Natural Gas Trends Mean for the Year Ahead
Jones Day Talks®: Corporate Fraud Investigations in 2025: Lessons, Trends, and Need-to-Knows
Synergy in Energy: The New Troutman Pepper Locke - Energy Law Insights
OG Talks: Good Energy and Navigating Transactions
Scaling Sustainable Fuel for the Future | Insights with Niels Jensen
Environmental and Sustainability Regulations & the New Administration
Capacity Crunch Series Continued: Balancing Reliability, Unprecedented Load Growth & Affordability in the Energy Transition (Part 2) - Energy Law Insights
Election Roundup: How a Trump Administration Could Shape the Oil and Gas Landscape
Election Roundup: How a Harris Administration Could Shape the Oil and Gas Landscape
The Vital Importance of Pipeline and Transmission Infrastructure to Decarbonization - Energy Law Insights
Energy Contracting and the Hidden Power of the Force Majeure Clause - Energy Law Insights
Brad Gibbs Discusses the Intersection of Renewables and Oil and Gas in Emerging Surface Use Issues
Renewable Natural Gas and the Promise of a Cleaner Future
Oil & Gas M&A Deal Activity & Outlook--Part 1
The Consequences Of Rising Inflation & Crude Oil Prices
The New Cold War: Risk, Sanctions, Compliance Episode 22: "Focus on Iran: Protests, Sanctions and Oil"
Putin's Oil Heist - Episode 1: Putin's Plan
Defense In-Depth: Cybersecurity For Energy
Energy Horizons: Disaccoppiamento del prezzo dell’energia da quello del gas: quali impatti sulle rinnovabili?
Business Associate Data: The Foundation In Oil & Gas Transactions
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
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
In a landmark decision, the Supreme Court of Texas held in Cactus Water Services, LLC v. COG Operating, LLC, that produced water belongs to the operator. When presented with a case where both the operator and a third party...more
On June 27, 2025, the Supreme Court of Texas issued an opinion in a closely watched case addressing the ownership of produced water — the byproduct of drilling, fracking and formation fluids. In Cactus Water Services v. COG...more
Texas has been the leader in American energy independence for more than a century. Decades of industry innovation have provided Texas real property owners with new ways to extract value from minerals, water, and more...more
The Supreme Court of Texas has provided helpful guidance as to ownership of subsurface storage rights and pore space. In the recent holding in Myers-Woodward, LLC v. Underground Services Markham, LLC, the court held that "the...more
A landowner’s failure to provide consent for surface use related to oil and gas operations does not necessarily preclude the lessee from conducting activities if the lease agreements allow surface use....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
Unitex WI, LLC v. CT Land & Cattle Co., LLC, No. 07-23-00390-CV, 2024 WL 3249338 (Tex. App.—Amarillo June 28, 2024, pet. filed)...more
Let’s assume that you purchase a 105 acre farm in Greene County in 2022. You purchase only the surface estate while the seller, Farmer Jones, retains the underlying oil and gas rights. You intend to grow corn and winter...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
Is it mine? Is what’s in it mine too? The fight over produced water has become a contentious issue in the oil patch. Primarily, because it is a new and unforeseen source of revenue for operators and landowners....more
According to Darkhorse Water LP v. Birch Operations Inc. et al., the form of an instrument affecting real property in Texas does not affect the interest conveyed by the instrument. It’s what the document says about the...more
Although historically viewed as a waste, produced water that comes to the surface as part of the oil and gas production stream now potentially has value. Produced water can be recycled and reused as part of hydraulic...more
In Cactus Water Services LLC v. COG Operating, LLC., a divided Texas court of appeals answered the question this way: The oil and gas producer prevails over the purchaser of the surface owner’s right to own and sell produced...more
Solar farm developers who do not enter into surface use agreements with Pennsylvania oil, gas and mineral owners (and their lessees) could create legal jeopardy for their solar farm projects. All surface developments in...more
Let’s assume you own a 93-acre farm in Tioga County. In 1986 your grandfather sold the oil and gas rights to his neighbor, John Mize. In the early 1990’s, Mr. Mize signed an oil and gas lease with XYZ Drilling. Several years...more
On April 11, 2022, the Fourth District Court of Appeals issued a significant decision in Zimmerview Dairy Farms, LLC v. Protégé Energy III LLC establishing that a general release of damages signed in connection with a pad...more
On March 24, 2022, the Ohio Supreme Court reviewed the Ohio Dormant Mineral Act and further clarified the steps a surface owners must take to identify and locate mineral holders before serving notice of abandonment. ...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
On March 16, 2021, the Supreme Court of Ohio issued another important opinion in the ongoing tug of war between surface landowners and severed mineral owners over the ownership of valuable mineral rights in Ohio. In Erickson...more
On December 17, 2020, just days after its decision in West v. Bode (previously summarized by Bricker attorneys), the Ohio Supreme Court issued another major decision for surface and mineral owners in Ohio. In Gerrity v....more
In Wheeler et al v. San Miguel Electric Cooperative, we learn – again – the difficulty in asserting a position in litigation that is contrary to the actual words in the agreement you are fighting over....more
In Evans Resources, L.P., et al. v. Diamondback E&P, LLC, two agreements left the terms “constructed” and “utilized” undefined. If the terms had been defined would the outcome have been different? Maybe. Should parties define...more
Generally, if your will leaves your beloved “all … right, title and interest in and to”, said beloved would receive the entirety of your interest, whether a surface estate, mineral estate, or both. But in ConocoPhillips, et...more