Last Tuesday the Texas Supreme Court heard arguments in three cases on oil-and-gas-related topics. Murphy Oil v. Adams, No. 16-0505: Our firm represents the Herbsts in this case. Murphy owns a lease on their lands in Atascosa County, shown in blue below. While the Herbst Lease was in its primary…
Oil and Gas Lawyer Blog
Mont Clair, Reeves County
I ran across a blog post by Andy Nold, a surveyor, about his research into a large subdivision of land in Reeves County. It provides great incite into the challenges faced by surveyors in West Texas. Here is his post, with permission: Today’s surveying challenge is the garden spot of…
Dragon v. Trial: the Duhig Rule Reigns
Dragon v. Trial, from the San Antonio Court of Appeals, No. 04-16-00758-CV, decided November 8, is a case that may be of interest only to title attorneys and landmen and those of us who delight in the minutiae of land titles. It is also, like many title disputes, the story…
A Saga of Texas Land and Oil Law, by Edgar Freeman Smith
Sent to me by a friend: Edgar Freeman Smith was the youngest child of a circuit preacher. By age eleven he had to work in a coal mine to support his widowed mother. When he was eighteen they lost their home to foreclosure. People told him to learn a trade…
Flaring in the Permian
My clients regularly complain of flares from wells on their property. Most leases don’t require royalty payments on flared gas, so their royalty is going up in smoke. Flares often don’t function properly, resulting in emissions of toxic gases. Flares make noise. The Environmental Defense Fund recently released an excellent…
No. 500
This is my 500th blog post. My first post was on March 23, 2009, the first of three posts about deductibility of post-production costs from royalties. Since then I’ve written about post-production costs twenty-three times. I decided to start this blog as a way to provide information about developments in…
Cases to Watch in Texas Supreme Court
Oil and gas cases I’m following that are now pending before the Texas Supreme Court: 16-0107, Hill v. Shamoun & Norman Fight over attorneys’ fees related to litigation of trust from H.L. Hunt Estate. Case has been argued. I wrote about the case in a prior post. 16-0804, Perryman v.…
House and Senate Interim Charges Issued
Senator Dan Patrick and Speaker Joe Strauss have issued their list of interim charges for the next legislative session – issues that committees must study during the interim between sessions. Those interim charges may be found here: SenateInterimCharges_2017_Round_1_FINAL House-interim-charges-85th Charges that may be of interest to Texas land and mineral…
Publius
On this day in 1787 Alexander Hamilton, under the pen name “Publius,” published the first of the 85 letters to newspapers later named the Federalist Papers, written by Hamilton, James Madison and John Jay, to argue for adoption of the U.S. Constitution. We’ve been arguing about it ever since. Hamilton…
UT Earthquake Website Up and Running
Beginning in 2015, earthquakes in Oklahoma began to be linked with increased injections of water produced from oil and gas wells. State regulatory authorities were slow to react. Operators of large injection wells like Harold Hamm and his Continental Resources pushed back, pressuring the University of Oklahoma to dismiss scientists…