Today a district court in Travis County held that the Texas Railroad Commission violated the Administrative Procedure Act by informally adopting rules for issuance of allocation and production sharing well permits without following the rule-making procedures of the Act. The Court ruled in an appeal by a mineral owner of…
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…
Link here to Texas Tribune article. Not a good idea. ERCOT definitely made some mistakes in the freeze, but it had no authority to require generators to winterize. Everyone is still pointing the finger at everyone else. Another Texas Tribune article: the legislature is now considering creating a $2 billion…
Here is link to an excellent publication by Tiffany Dowell Lashmet, Assistant Professor and Extension Specialist at Texas A&M AgriLife Extension. Print it out and save it.
Last week the Texas Supreme Court issued a per curiam opinion, without oral argument, reversing the judgment of the El Paso Court of Appeals in Sundown Energy LP v. HJSA No. 3 Limited Partnership, No. 19-10654. The lease at issue covers 30,450 acres in Ward County. The case is another…
The following article appeared today in The Texas Tribune: Cassandra Pollock The Texas Tribune Thu, 25 Mar 2021 13:01:53 -0500 Warren Buffett group lobbying Texas lawmakers for deal to build $8 billion worth of power plants for emergency use was first published by The Texas Tribune, a nonprofit, nonpartisan media…
On March 12 the Texas Supreme Court issued its opinion in BlueStone Natural Resources II, LLC v. Walker Murray Randle, No. 19-0459, affirming most of the judgment of the court below in favor of the royalty owners. The Court’s opinion contains a summary and discussion of its prior cases on…
A colleague recently pointed out to me that I had miss-read the Texas Supreme Court’s recent opinion in Endeavor Energy Resources v. Energen Resources Corporation. In my previous post on the case I said that the Court had concluded that the retained acreage clause being construed was ambiguous and had…
Here is an excellent article in which engineers discuss the crisis that almost shut down Texas’ electric grid: Texas Electricity Crisis: Engineers Explain What Went Wrong.
Governmental entities in Texas like school districts, municipalities, hospital districts, and counties rely heavily on property taxes to finance their operations. Mineral interests are real property interests, and when a producing well is drilled the owners of rights to production from the well, both the working interest and the royalty…