Oil and Gas Lawyer BlogIn U.S. Shale Energy II, LLC v. Laborde Properties, L.P., the Texas Supreme Court grappled again with a royalty reservation. In a 1951 deed, the grantors reserved the following: There is reserved and excepted from this conveyance unto the grantors herein, their heirs and assigns, an undivided one-half (1/2) interest in and to the Oil […]
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Texas Supreme Court Opines on Retained Acreage Clauses
Last Friday the Texas Supreme Court issued opinions in XOG Operating, LLC v. Chesapeake Exploration Limited Partnership et al., No. 15-0935, and Endeavor Energy Resources, L.P. et al. v. Discovery Operating, Inc. et al., No. 16-0155. In both cases, the Court affirmed the decisions of the trial courts and courts of appeals. Both cases garnered […]
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Superior Court of Pennsylvania Disagrees with Texas Supreme Court on Whether Rule of Capture Applies to Hydraulic Fracturing
On April 2, the Superior Court of Pennsylvania issued its opinion in Briggs v. Southwestern Energy Production Co., 2018 PA Super 79, No. 1351 MDA 2017. It held that “hydraulic fracturing may constitute an actionable trespass where subsurface fractures, fracturing fluid and proppant cross boundary lines and extend into the subsurface estate of an adjoining […]
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Three Recent Arguments in Texas Supreme Court: Offset Clauses, the Rule Against Perpetuities, and the Duhig Rule
Last Tuesday the Texas Supreme Court heard arguments in three cases on oil-and-gas-related topics. Murphy Oil v. Adams, No. 16-0505: Our firm represents the Herbsts in this case. Murphy owns a lease on their lands in Atascosa County, shown in blue below. While the Herbst Lease was in its primary term, Comstock drilled the Lucas […]
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Cases to Watch in Texas Supreme Court
Oil and gas cases I’m following that are now pending before the Texas Supreme Court: 16-0107, Hill v. Shamoun & Norman Fight over attorneys’ fees related to litigation of trust from H.L. Hunt Estate. Case has been argued. I wrote about the case in a prior post. 16-0804, Perryman v. Spartan Texas Six Capital Partners […]
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H.L. Hunt Estate Fee Dispute Lands in Texas Supreme Court
The Texas Supreme Court heard argument last week in a fee dispute between Albert Hill Jr., an H.L. Hunt heir, and one of his attorneys, Gregory Shamoun. Albert G. Hill, Jr. v. Shamoun & Norman, LLP, No. 16-0107. The Dallas Court of Appeals reversed a take-nothing judgment and awarded Shamoun $7.5 million in fees. 483 […]
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Texas Supreme Court Denies Motion for Rehearing in BP America Production Co. v. Red Deer Resources, LLC
On September 22, the Texas Supreme Court refused to reconsider its opinion in BP America v. Red Deer Resources, No. 15.0569 – after some 16 amicus briefs and letters were filed urging the court to grant Red Deer’s motion for rehearing. The Court addressed the construction of a shut-in royalty clause in an oil and […]
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Texas Supreme Court Declines to Address Injunctive Relief as Remedy to Prevent Groundwater Contamination in ExxonMobil v. Lazy R Ranch
On February 24, the Texas Supreme Court issued its opinion in ExxonMobil Corporation v. Lazy R Ranch, LP, et al., No. 15-0270. ExxonMobil v. Lazy R Ranch The 8-0 opinion was authored by Chief Justice Nathan Hecht. The case provides important reminders to landowners who have oil and gas operations on their property. In 2008, […]
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Jack Pope, Former Chief Justice of Texas Supreme Court, Dies at age 103
I served as a clerk for Justice Ross Doughty from 1975-1976, after graduating from UT Law School. Justice Pope was serving on the court at the time. Jack Pope served on the Supreme Court from 1964 until his retirement in 1985, and served as Chief Justice from 1982 to 1985, following the retirement of Chief […]
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Texas Supreme Court Agrees to Hear Three Cases of Interest to Land and Mineral Owners
Last week the Texas Supreme Court granted petitions to hear appeals of two cases that could significantly affect the rights of Texas land and mineral owners: Atmos Energy Corp v. Town of DISH, 15-0613, and Lightning Oil Co. v. Anadarko E&P Onshore LLC, 15-0910. Last month, the court agreed to hear Sabine Oil & Gas […]