Five years ago I wrote a blog entry titled “The Limits of Rational Decision-making.” The topic was a sociological study testing subjects’ ability to make decisions based on facts. The conclusion of the study was that knowledge does not increase a person’s ability to reason when it comes to politically…
Oil and Gas Lawyer Blog
Devon v. Apache – Royalty and the Non-Consenting Co-Tenant
The Texas Supreme Court recently refused to consider the case of Devon Energy Production Company v. Apache Corporation, decided by the Eastland Court of Appeals – 550 S.W.3d 259. The case presents issues that, remarkably, have not previously been considered by a Texas appellate court. Norma Jean Hester leased her…
Oil and Gas News
The Texas Tribune is joining with the Center for Public Integrity to publish a series of articles on the Permian Basin. Called “Blowout,” it is the result of eight months of study of the impact of the Permian oil boom. The first article can be found here. The International Energy…
Three Supreme Court Cases to Watch
Two cases were argued in the Texas Supreme Court last week that bear watching, and a third interesting case is pending in the court on petition for review. No. 17-0266, Burlington v. Texas Crude Texas Crude and Burlington entered into a joint development agreement covering leases Texas Crude had acquired…
5th Annual GDHM Land & Mineral Owner Seminar November 9
Our firm is hosting our 5th annual seminar for Texas land and mineral owners on topics of interest in oil and gas law. We have a great lineup of speakers, including Idalia Romanos on royalty audits, Peter Huddleston on current shale development activity in Texas, Mary Keeney providing a case…
TLMA Members Meeting
Texas Land & Mineral Owners Association is having its Statewide Members Meeting on October 11 in San Antonio. Information here. It is a good organization and a good meeting. Join up and attend.
News from the Railroad Commission
The Texas Railroad Commission has issued its Monitoring and Enforcement Plan for fiscal year 2019. The plan was required by a 2017 law that directs the RRC to develop an annual plan to assess its use of resources to ensure public safety and minimize damage to the environment. It requires…
“Royalty Lease” – Lessor Beware
In Ridge Natural Resources v. Double Eagle Royalty, recently decided by the El Paso Court of Appeals, James and Jolinda McDaniel signed a “Royalty Lease” to Ridge, reading as follows: Oil and Gas Royalty Lease THIS LEASE AGREEMENT is made as of the 10th day of October, 2016 between [the…
The EPA and the Rule of Law
The Senate hearings on Judge Brett Kavanaugh’s nomination to the Supreme Court have brought public attention to the role the Supreme Court, and courts in general, play in our trilateral system of government – a role that the public usually does not see in headlines other than when the Supreme…
The Relation Between Lease Contracts and Forced Pooling Statutes
A recent case from the Ohio Court of Appeals, Fifth Appellate District, raises some interesting questions about forced pooling. The case, American Energy – Utica, LLC v. Fuller, Case No. 17 CA 000028, involves an oil and gas lease covering 40 acres in Guernsey County, Ohio, dated in 1981. The…