Suppose that the fluids injected into a disposal well migrate beyond the boundary of the tract where the well is located; does that incursion of the injected fluids into and under the neighbor’s property constitute a trespass? Until recently, this question had never been addressed by a Texas appellate…
Lawsuits against Chesapeake Exploration for wrongfully deducting post-production costs from its gas royalty payments are hitting a boiling-point. Suits are being pursued against the company in every jurisdiction where it operates, including Texas, Arkansas, Lousiana, Kansas, Ohio, West Virginia, Oklahoma and Pennsylvania. Chesapeake has recently been much more aggressive in…
For those following the Klotzman allocation well dispute, here are links to the replies of EOG and intervenors to the Klotzmans’ motion for rehearing at the Railroad Commission: 2013-10-24_Reply to Motion for Rehearing docx.pdf 2013-10-24 Intervenors Reply to Mtn Rehrg-filed.pdf
The Texas Railroad Commissioners voted unanimously today to reject the recommendation of its examiners denying EOG’s allocation well permit and instructed the examiners to prepare an order and findings granting EOG’s permit. For my prior posts about this case, see here, here and here.
Julia Trigg Crawford has waged a well-publicized fight to prevent condemnation of an easement across her farm for the XL Keystone Pipeline. On August 27, the 6th Court of Appeals in Texarkana denied her appeal of TransCanada Keystone Pipeline’s award of an easement over her property. Crawford has vowed to…
For those following this case, our reply to the parties’ exceptions to the proposal for decision can be viewed here. Protestants Replies to Exceptions to the PFD and Mtn to Strike.PDF
For those following the Klotzman protest of EOG’s allocation well permit (our firm represents the protestants), here are the exceptions to the examiners’ proposal for decision filed by EOG and by Intervenors Devon, Pioneer, Laredo Petroleum and BP America: EOG Exceptions to PFD.pdf Devon et al Exceptions to PFD.pdf Here…
The examiners who heard the Klotzmans’ protest of EOG Resources’ application for an allocation well permit have issued their Proposal for Decision in the case. A copy of the PFD can be viewed here: 2013-06-25 PFD EOG Klotzman (2).pdf Our firm represents the protestants in the case. For my prior…
Last Friday, the Texas Supreme Court affirmed judgment in favor of XTO in its battle with Homer Merriman over whether XTO’s well should have been moved so as to accommodate his cattle-working operation. I wrote about this case when the Supreme Court decided to hear it. Mr. Merriman owns 40 acres…
The Texas Supreme Court has recently refused to hear Friddle v. Fisher, 378 S.W.3d 475 (Tex.App.-Texarkana 2012). The court of appeals’ opinion has an interesting discussion of the duties of a mineral owner to owners of non-participating royalty interests burdening the mineral estate and of the application of the discovery…