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Oil and Gas Lawyer Blog

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Fifth Circuit Upholds Takings Claim Against Groundwater District

The Fifth Circuit Court of Appeals has held that a landowner has stated a judiciable claim against the Brazos Valley Groundwater Conservation District (BVGCD) for an unconstitutional taking of his groundwater rights. David Strata, et al. v. Jan A. Roe, et al., No. 18-60994. Fascinating facts. Groundwater Districts were created…

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Texas Supreme Court Acts on Two Significant Oil and Gas Cases

Yesterday the Texas Supreme Court denied a petition in one case and granted a petition in the other, both dealing with provisions in oil and gas leases. The Court denied Chesapeake’s petition in Chesapeake v. Bell, construing an express drainage offset clause in Bell’s lease. The San Antonio Court of…

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Texas Supreme Court Weighs In On Application of Rule Against Perpetuities to Overriding Royalty Reservations

Last week the Texas Supreme Court issued its opinion in Yowell v. Granite Operating Company, No. 18-0841, again grappling with the ancient Rule Against Perpetuities in the context of modern oil and gas transactions–the second time in two years in which the court tackled the inscrutable “Rule.” The facts (simplified):…

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Texas Railroad Commission: Commissioner Sitton’s proposed proration order to be considered May 5; Commissioner Christian opposed

Commissioner Ryan Sitton has published his proposed conditional order imposing proration on oil production in Texas, to be considered at the Commission’s hearing on May 5. Commissioner Wayne Christian, in an op ed in the Houston Chronicle, has come out against the proposal. Sitton’s proposed order is attached to the…

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