Denbury Green Pipeline and Texas Rice Land Partners have now fought for ten years over Denbury’s right to condemn an easement across Texas Rice’s land for a CO2 pipeline. The fight is once again, for the third time, back before the Texas Supreme Court. The fight began in 2007, when…
Oil and Gas Lawyer Blog
End of the Road for DISH
The Texas Supreme Court has refused to allow DISH, a small town in Denton County north of Fort Worth, and several of its residents, to proceed with its suit against four companies who operate gas compressor stations near the town. The plaintiffs alleged that they were harmed by the noise,…
85th Legislature – Legislation of Interest to Land and Mineral Owners
The Texas legislative session recently ended without any major reforms of the Texas Railroad Commission. Bills to reform the Commission failed in the previous two legislative sessions, after Sunset Commission reports recommending significant changes in the structure of the RRC. This session, the Legislature had no heart for tackling those…
TAMEST Report on Impacts of Shale Development in Texas
The Academy of Medicine, Engineering and Science of Texas (TAMEST) has issued a report on the environmental and community impacts of shale development in Texas. The report can be viewed on the TAMEST website. Its authors reviewed available literature on on six areas of impacts: seismicity, land, water, air, transportation,…
Beware the Blanket Conveyance Clause in a Mineral Deed
In March, the Texas Supreme Court decided James H. Davis, Individually and d/b/a JD Minerals, and JDMI, LLC v. Mark Mueller, No. 16-0155. (Davis v. Mueller) The Court construed a mineral deed to JD Minerals covering interests in Harrison County. The deed described particular interests owned by the grantor and…
Oil and the Navy
I highly recommend a recent article by Liam Denning in Bloomberg, “Oil’s New World Disorder.” The US’s decreasing dependence on oil imports, and China and India’s increasing dependence on oil, coincide with the possible changing roles of those countries’ navies in policing oil shipping routes from the Middle East. The…
In Honor of Memorial Day
This was written by the late Joe Edwards, a Jazz pianist from Missouri: World War II Love Story It was a time of Harry James and Betty Grable; a time of seams in the ladies stockings, of Rosie the Riveter, ration stamps for gasoline, shoes, fuel oil, sugar and tires.…
BP America v. Red Deer Resources – the Shut-in Royalty Clause
On April 28, the Texas Supreme Court issued its opinion in BP America Production Company v. Red Deer Resources, LLC, No. 15-0569, a unanimous opinion written by Justice Green. The case concerns operation of a shut-in royalty clause in a lease granted in 1962 covering 2,113 acres in Lipscomb and…
Railroad Commission: Follow Pennsylvania’s Lead
One of the complaints made against the Texas Railroad Commission in the current legislative session was that it provides very little information about its environmental compliance efforts in the oil field. The Commission provides little information about the number of violations, how they were resolved, the identity of the violators,…
Lightning Oil v. Anadarko – Supreme Court Rules on Subsurface Trespass Claim
Last week the Texas Supreme Court issued its opinion in Lightning Oil Company v. Anadarko E&P Onshore, LLC, No. 15-0910, denying Lightning Oil’s trespass claim against Anadarko. Lightning Oil lost in the trial court, the San Antonio Court of Appeals, and now the Supreme Court. To understand the case, it…