News & Analysis as of

Water Rights Oil & Gas

Steptoe & Johnson PLLC

Is (Produced) Water… Water? The Texas Supreme Court’s Ruling on the Rights of Produced Water

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On June 27, the Supreme Court of Texas issued its long-awaited ruling in Cactus Water Services, LLC v. COG Operating, LLC addressing the ownership of produced water under an oil and gas conveyance. In Cactus Water, the Court...more

Oliva Gibbs

Murky waters: Wading through Texas law and the future of produced water

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Texas produces more than just oil and gas. Every day, millions of gallons of produced water are generated as a byproduct of oil and gas production. Once viewed strictly as a waste product, produced water is now at the center...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

Oliva Gibbs

Making a splash in the courts: The Cactus decision

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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

Gray Reed

It’s Been Decided, In Texas the Mineral Lessee, Not the Surface Owner, Owns Produced Water

Gray Reed on

In Cactus Water v. COG Operating, the Supreme Court affirmed that mineral lessee COG, not water rights owner Cactus (who derived it rights from the surface owner), has the right to possession, custody, control, and...more

Bracewell LLP

Texas Supreme Court Affirms Mineral Estate Ownership of Produced Water in Landmark Ruling

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In a significant decision for Texas property and energy law, the Texas Supreme Court has affirmed the Eighth Court of Appeals’ ruling in Cactus Water Services, LLC v. COG Operating, LLC, holding that produced water — a...more

Gray Reed

Texas Supreme Court Will Review Produced Water Case

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Who owns produced water in Texas?  And what is produced water anyway – oil and gas waste and part of the mineral estate, or groundwater and part of the surface estate?  We may be closer to an answer to these questions now...more

Vinson & Elkins LLP

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

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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

Houston Harbaugh, P.C.

Who Owns the Produced Water From Oil & Gas Operations?

Houston Harbaugh, P.C. on

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

Allen Matkins

California Environmental Law & Policy Update 12.08.23

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The power to enforce a rule intended to slash air pollution associated with warehouses could one day rest in the hands of citizens who are willing to go to federal court. Several Inland members of Congress recently signed a...more

Allen Matkins

California Environmental Law & Policy Update - July 2021

Allen Matkins on

California oil and gas regulators delay health and safety rules - Associated Press – June 22 - It has been a year and a half since Governor Gavin Newsom directed oil regulators to consider new health and safety...more

Gray Reed

A Unique Discovery Request in a Texas Water Rights Fight

Gray Reed on

In re Plains Pipeline, L.P., is a suit to adjudicate title to groundwater. Did the trial court err in allowing a party to drill seven test holes on a tank farm? (Spoiler alert: It didn’t.) This decision evaluates an order in...more

Allen Matkins

California Environmental Law & Policy Update - May 2019 #4

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Focus - EPA plans to change approach to analyzing health risks of air pollution - The New York Times – May 20 - The U.S. Environmental Protection Agency (EPA) plans to change the way it calculates the health risks of...more

Flaster Greenberg PC

Marcellus Shale Update: Russia, Ukraine and Marcellus

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The simmering dispute over waterway rights between Ukraine and Russia broke into armed conflict this week. Its implications are enormous both for the energy world as a whole and especially for us in the Marcellus Shale...more

Allen Matkins

California Environmental Law & Policy Update - December 2017 #3

Allen Matkins on

Focus - Trump to open the door for oil drilling off U.S.’s East Coast - Bloomberg - Dec 11 The Trump administration is preparing to unveil an expansive offshore oil plan that would open the door to selling new drilling...more

Allen Matkins

California Environmental Law & Policy Update - January 2016 #2

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Environmental and Policy Focus - State lawmaker seeks to close old SoCal Gas wells in Aliso Canyon - Los Angeles Business - Jan 12 State Senator Fran Pavley is calling for Southern California Gas Co. to close older...more

Allen Matkins

California Environmental Law & Policy Update - February 2015 #2

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Environmental and Policy Focus: State Water Board launches investigation into claims of senior water rights - Allen Matkins - Feb 9: On February 4, 2015, the State Water Resources Control Board issued an order seeking...more

BakerHostetler

Rural Nevada Anti-Fracking Group Seeks to Enjoin Oil and Gas Lease Sale

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Reese River Basin Citizens Against Fracking filed a complaint in federal court on June 27, seeking to enjoin the United States Bureau of Land Management (BLM) from holding an oil and gas lease sale. The rural group is...more

Blank Rome LLP

Associated Press “Investigation” Confirms Safety of Gas Drilling

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Despite claims to the contrary, the recently released AP “investigation” proves that drilling for natural gas or oil has an excellent safety record. Moreover, it’s getting better, especially in Pennsylvania. Let’s first...more

Spilman Thomas & Battle, PLLC

Pa. Litigation Update

This summer was anything but a sleepy period for decisions from Pennsylvania courts on issues important to the oil and gas industry. Here are summaries of four cases issued in July and August - one from the Third Circuit...more

King & Spalding

DISPUTE RESOLUTION: Business Litigation Important Texas Water Rights Case Could Affect Oil & Gas Activities as Well by Brannon...

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The Texas Supreme Court recently issued an important decision on a groundwater rights question that had gone unanswered for more than a century. In Edwards Aquifer Authority v. Day, the Court held that Texas property owners...more

King & Spalding

Energy Newsletter - January 2013

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In This Issue: - TRANSACTIONAL: Corporate/London; Maritime - Maritime Boundaries: UNCLOS and disputes over the right to explore and develop offshore reserves and the effect on the oil and gas industry -...more

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