The 89th legislative session was a busy one for the Texas oil, gas, and energy industry. This article summarizes several, although not all, of the bills affecting the industry that were passed during the 89th Texas...more
As renewable energy development sweeps across rural and agricultural landscapes, developers are encountering a growing legal and logistical challenge: severed estates. These occur when surface rights and mineral rights are...more
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
On June 20, 2023, Pennsylvania State Senators Yaw, Robinson, Stefano and Vogel introduced Senate Bill 831, the “Carbon Capture and Sequestration Act” with the intent to address the use of pore space for carbon sequestration....more
Decarbonizing the energy economy and avoiding the worst effects of climate change is the order of the day in the Biden administration and state capitol’s nationwide. Most recently, the U.S. Environmental Protection Agency...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 Supreme Court of Ohio issued its decision in Fonzi v. Brown and Fonzi v. Miller, Slip Opinion No. 2022-Ohio-901, discussing the level of due diligence required of a surface owner to provide notice to a...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