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Oil and Gas Lawyer Blog

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Due Process and the No-Extrinsic-Evidence Rule: Challenges to Default Judgments When Service Was By Publication

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…

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Toxic substance or water supply? Lawmakers to weigh whether wastewater from oil fields could replenish the state’s aquifers

Article from Texas Tribune, by Erin Douglas, republished with permission: Deep underneath the ground, fluids travel down and shoot through ancient shale formations, fracturing rock and starting the flow of oil — the essential part of hydraulic fracturing technology that’s transformed America’s oil industry. But that’s not all that comes…

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Lyle v. Midway Solar: Solar farm meets accommodation doctrine

The El Paso Court of Appeals tangled with the accommodation doctrine in Lyle v. Midway Solar, LLC, No. 08-19-00216-CV, and the mineral owner lost. The Lyles own a 27.5% mineral interest in 315 acres in Pecos County. Gary Drgac owns the surface. Drgac leased the 315 acres to Midway Solar…

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After Five Years of Litigation, Texas Supreme Court Concludes that Lease’s Continuous Development Clause is Ambiguous

Texas courts are very reluctant to hold that oil and gas lease provisions are ambiguous. The same holds true for deeds and wills. These instruments affect title to land, and if an instrument is ambiguous it inserts uncertainty into land titles and results in litigation over the parties’ intent using…

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Something Completely Different

Today is the birthday of Benoit Mandelbrot (b 11-20-1924, d 10-14-2010), a mathematician and discoverer of the Mandelbrot set and studied fractal geometry. He was Sterling Professor of Mathematical Science at Yale University, the oldest professor in Yale’s history to receive tenure. Below is an image of the Mandelbrot set.…

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Another Bankruptcy Court Weighs In On Rejection of Gas Contracts

On October 28 Judge David Jones, US Bankruptcy Court for Southern District in Houston, issued a memorandum opinion in Chesapeake Energy’s bankruptcy (Case No. 20-33233), granting Chesapeake’s motion to reject its contract to sell gas to ETC Texas Pipeline. The Bankruptcy Code allows a debtor in bankruptcy to “reject” an…

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