Wikipedia defines “lawfare” as “using legal systems and institutions to achieve a goal.” Some use the term to refer to the misuse of legal systems against an enemy, “such as by damaging or delegitimizing them, wasting their time and money, or winning a public relations victory.” The Fort Worth Court…
Oil and Gas Lawyer Blog
Oily Stuff
Another blogger in the oil field: Mike Shelman, OilyStuff.com. Check him out.
Winter Storm Uri: The causes of the massive Texas power failure detailed in UT report
We’ve seen much posturing and finger-pointing from politicians on who is to blame for power failures during Winter Storm Uri last February. UT’s Austin Energy Institute has issued a report: The timeline and Events of the February 2021 Texas Electric Grid Blackouts, laying out the facts on what happened. The…
Nettye Engler Energy v. Bluestone Natural Resources: Texas Supreme Court affirms ruling against royalty owner
Last week the Texas Supreme Court handed down its opinion in Nettye Engler Energy, LP v. Bluestone Natural Resources II, LLC, No. 20-0639, affirming the lower court’s ruling that Engler’s royalty interest bears its share of gas gathering and processing costs. Engler owns a royalty interest in a section of…
Texas Supreme Court Agrees to Hear Hlavinka v. HSC Pipeline – Important Eminent Domain Issues
The Texas Supreme Court agreed to decide Hlavinka v. HSC Pipeline, about which I have written before. The Court’s summary of the issues: The primary issues in this case are whether (1) Texas law grants eminent domain authority to a pipeline owner shipping polymer grade propylene; (2) a pipeline shipping…
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…
Texas Riverbeds and the Mineral Interest Pooling Act
Pending before the Texas Supreme Court is the petition for review of Ammonite Oil & Gas Corporation challenging the decision of the San Antonio Court of Appeals in Ammonite Oil and Gas Corp v. Railroad Comm’n of Texas, 2021 WL 4976324 (Oct. 27, 2021). The Court of Appeals upheld the…
Fallout from February 2021 Freeze Continues
With the recent cold snap, we’re all remembering what we were doing last February when the lights went out. Repercussions continue. As reported by Michell Ferman at Texas Tribune, Vistra corporation is in a dispute with Energy Transfer over its bill to Vistra for $21.6 million, for gas sold to…
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…
Two Texas Federal District Courts Weigh In On Post-Production Costs
Two recent decisions from two federal judges in the Southern District of Texas, Houston Division, dismissed suits alleging class actions against Apache and Hilcorp for failure to pay royalties on gas used in gas processing plants. Both construed identical lease provisions. In Carl v. Hilcorp Energy, No. 4:21-CV-02133, Judge Keith…