Oil and Gas Lawyer BlogThe Texas Supreme Court handed down its opinion in Mitchell v. MAP Resources, Inc., setting aside a default judgment in a tax foreclosure suit granted more than 16 years ago, on the ground that the defendant’s due process rights were violated when she was served by posting notice on the courthouse door. Mitchell is the […]
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Mitchell v. Map Resources — collateral attack on tax foreclosure judgment
I wrote about this case before. Today the Texas Supreme Court agreed to hear the plaintiff’s appeal of a judgment of the El Paso Court of Appeals. The Supreme Court’s summary of issues in the case: At issue in this case is whether courts are barred from considering deed records in a collateral attack on […]
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George Mitchell, R.I.P.
A memorial service, open to the public, will be held today for wildcatter and philanthropist George P. Mitchell – actually, three memorial services, as befits one of the great Texans of the 20th century. The Houston Chronicle in fact named him Houstonian of the Century. By all accounts, he was not only an entreprenurial genius, […]
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George Mitchell – The Man Who Figured Out Fracing
I recently heard an interview with George Mitchell, the independent operator who found the key for combining hydraulic fracturing technology and horizontal drilling to unlock vast reserves of gas in the Barnett Shale, the first shale play. And it only took him 17 years to figure it out. Now 93 years of age, Mr. Mitchell […]
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Gill v. Hill – Another Case on Due Process Requirements in a Tax Foreclosure
Last year the Texas Supreme Court decided Mitchell v. MAP Resources, holding that a mineral owner whose interest was sold at a tax foreclosure could collaterally attack the judgment and introduce extrinsic evidence that he had not been properly served with notice of the suit and therefore was deprived of due process under the 14th […]
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Year in Review: Significant Cases and Events
Winter Storm Uri The fallout from the Texas Freeze in February 2021 continues. A year later, UT’s Austin Energy Institute concluded that multiple failures of power plants, gas processing plants, gas storage and distribution facilities, and gas production all contributed to the system failures. ERCOT management was fired; natural gas prices spiked to more than […]
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Ridgefield Permian v. Diamondback: To what interest does a tax lien on a royalty reserved in an oil and gas lease attach?
Ridgefield Permian v. Diamondback is another case arising out of the same tax foreclosure suit that was addressed in Mitchell v. MAP Resources, decided earlier this year by the Texas Supreme Court. My discussion of Mitchell can be found here. Both Ridgefield and Mitchell were initially decided by the El Paso Court of Appeals. While […]
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How Texas Can Reach Net Zero Carbon Emissions by 2050
The Cockrell School of Engineering at the University of Texas in Austin this week issued a report, three years in the making, “Don’t Mess with Texas: Getting the Lone Star State to Net-Zero by 2050.” The study was co-authored by Vibrant Clean Energy and the University of Colorado Boulder. Funding was provided by The Cynthia […]
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New Industry Group Forms to Promote Texas Geothermal Energy
A friend alerted me to a new organization formed to promote geothermal energy, The Texas Geothermal Energy Alliance (TxGEA). TxGEA is an interdisciplinary group of entities engaged in geothermal resource exploration, drilling, construction and production, for producing electricity from geothermal resources. Membership includes: Baker Hughes Blade Energy Partners Causeway GT CenterPoint Energy Chevron Eavor Technologies […]
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Collateral Attacks on Tax Foreclosure Sales vs. Due Process — Two Cases from El Paso Court of Appeals
Two unusual cases have recently been decided by the El Paso Court of Appeals, both arising out of the same underlying facts. Both deal with a tax foreclosure on royalty interests. In the late 1990s an attorney and two mineral buyers got together and proposed to taxing districts to handle tax foreclosure suits for delinquent […]