News & Analysis as of

Property Owners Mineral Extraction

McGinnis Lochridge

Affirmative Defenses Are Insufficient to Rebut the Van Dyke Presumption

McGinnis Lochridge on

Under Van Dyke, deeds with double-fraction royalty reservations referencing “1/8” are presumed to reserve a floating royalty interest unless clearly contradicted. Defenses like waiver, ratification, and limitations cannot...more

McGinnis Lochridge

Who Can Enforce Surface Provisions in an OGL?

McGinnis Lochridge on

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

Gray Reed

Update on Pennsylvania Subsurface Trespass

Gray Reed on

Briggs v. Southwestern Energy Production Company, LLC is good news for Pennsylvania mineral owners bringing claims for subsurface trespass by fracking. In 2018 in “Briggs 1”, the Briggs family sued SWN for subsurface...more

Gray Reed

Lessons from an Operating Agreement Dispute

Gray Reed on

Jatex Oil & Gas, L.P. v. Nadel & Gussman Permian, L.L.C. presents several teachable moments: The Texas Property Owner Rule does not allow a non-expert testify on matters requiring expert testimony....more

Gray Reed

Lignite Lease Prevails Over Pipeline Easement

Gray Reed on

San Miguel Electric Coop is a Texas nonprofit electric cooperative that owns and operates a power plant that supplies electricity to 38 Texas counties. After a four-week absence, they return to these pages, this time in DCP...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Open Cut Land Reclamation Act Enforcement: Arkansas Department of Environmental Quality and Washington County, Arkansas Property...

The Arkansas Department of Environmental Quality (“ADEQ”) and Lloyd and Betty Thurman (“Thurman”) entered into a February 21st Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution Control...more

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