Speaker of the House Joe Strauss has charged the House Committee on Energy Resources as follows for the next legislative session: “Survey current local ordinances governing surface use of property in oil and gas development. Recommend changes, if any, to the authority of the Railroad Commission to regulate the operation…
Articles Posted in Recent Cases
Devon Appeals Temporary Field Rules for Carthage (Haynesville Shale) Field
In a previous post I reported on the application of Devon Energy asking the Texas Railroad Commission to include in the new Field Rules for the Carthage (Haynesville Shale) Field a provision allowing it to drill horizontal wells across lease or pooled unit boundaries. These new rules apply to wells…
Texas Railroad Commission Adopts New Temporary Field Rules for Carthage (Haynesville Shale) Field
On December 15, the Railroad Commission adopted new field rules for a newly designated field, the Carthage (Haynesville Shale) Field, in East Texas. It also consolidated several previously designated fields in East Texas that produce from the Haynesville and Bossier formations into this single RRC-designated field. These rules will govern…
Law Firms Form Coalition to Sue Companies for Reneging on Leases in Barnett Shale
Three law firms in Dallas have joined to sue oil companies who backed out of leases covering lands in Arlington, Texas last fall. The three firms — Petroff & Associates, Riddle & Williams, P.C., and Mathis & Donheiser, P.C. — have so far filed two suits on behalf of two lot…
Delaware Bankruptcy Court Rules Against Texas Producers (and Royalty Owners)
A Delaware bankruptcy judge has ruled in the SemCrude bankruptcy that the claims of Texas producers for unpaid revenues from oil sales are subordinate to the claims of SemCrude’s bankers. As a result, the Texas producers (and perhaps their royalty owners) may lose up to $57 million. SemCrude filed for…
Texas GLO Commissioner Jerry Patterson Weighs in on Exxon v. Emerald
Jerry Patterson, Commissioner of the Texas General Land Office, has weighed in on the side of the O’Connors in their fight against ExxonMobil. The General Land Office has filed an amicus brief urging the Texas Supreme Court to reconsider its decision in Exxon v. Emerald; Commissioner Patterson issued a press release ( press…
Texas Supreme Court asked to take up duty of holder of executive rights in Lesley v. Veterans Land Board
The Texas Supreme Court has been asked to review a case decided by the Eastland Court of Appeals, Lesley v. Veterans Land Board, that raises important questions about the duty of a mineral owner to owners of non-executive mineral interests. If the Court decides to take the case, the outcome…
Texas Supreme Court Record on Royalty Owner Cases
In a previous post I discussed a recent Texas Supreme Court case, Exxon v. Emerald, reversing a multimillion-dollar judgment against Exxon for intentionally sabatoging wells so that they could not be re-entered. This nudged me to look at other royalty-owner related cases handed down by the Texas Supreme Court over the…
Exxon v. Emerald
On March 27, the Texas Supreme Court issued its opinions in two related cases, both styled Exxon Corporation v. Emerald Oil & Gas Company. The cases were argued before the court more than two years ago, and the decisions were awaited with much anticipation. The Court reversed a judgment against Exxon…
What happens to a pooled lease when the lease terminates?
A recent decision of the Texas Supreme Court, Wagner & Brown, Ltd. v. Sheppard, has caused quite a stir in oil and gas legal circles. The court was faced with a question never before answered by a Texas appellate court, what is known as a “case of first impression.” Such…