Section 91.402(h) of the Texas Natural Resources Code, the “division order statute,” provides that the execution of a division order … shall not change or relieve the lessee’s specific, expressed or implied obligations under an oil and gas lease …. Section 91.402(g) of the division order statute provides that Division…
Oil and Gas Lawyer Blog
Cowboys and the Law – the “Cowboy Way”
I recently read a biography of R.B. Masterson, famous cattleman, written by his son-in-law Z.T. Scott in 1930. Scott listed as Masterson’s first outstanding quality his honesty. “Schooled in the days when a man’s word was his bond and elaborate contracts with legal perplexities were unthought of, his sense of…
The Problem of Abandoned Wells
The article below appeared in the latest newsletter of the Texas Land and Mineral Owners Association. It reviews the Texas Railroad Commission’s recent amendment of its Rule 15, dealing with dormant oil and gas wells. Thanks to TLMA and the author, Trey Scott, for giving me permission to publish his…
Forest Oil v. El Rucio Land and Cattle Company, No. 14-0979, Texas Supreme Court
When I last wrote about this case, I reported that the Texas Supreme Court had denied the petition for review of the Corpus Christi Court of Appeals’ decision affirming a $15 million arbitration award against Forest. On motion for rehearing, the Supreme Court granted the petition for review. The case…
Texas Agriculture Law Blog
Every year, the ABA Journal of the American Bar Association publishes a list of its 100 best blogs related to law topics. One of those on this year’s list is the Texas Agriculture Law Blog, published by the Texas A&M AgriLife Extension Service. The author is Tiffany Dowell Lasmet, an…
OPEC and Crude
With OPEC’s announced reduction in crude production, it might be good to take the long view. Below is chart of crude prices since 1985. The period between 2005 and today has seen a revival of the US oil industry. Companies have now bet that they can make money at $50/bbl,…
Quakes and the Commission
The Dallas Morning News has published an excellent, in-depth investigative report — “Seismic Denial? Why Texas Won’t Admit Fracking Wastewater is Causing Earthquakes,” by Steve Thompson and Anna Kuchment — about the Texas Railroad Commission’s failure to recognize or address the relationship between salt water disposal wells and earthquakes in…
The Permian Boom
The news this week is full of stories about the EIA’s new figures on the amount of recoverable oil in the Permian Basin. Unlike the rest of the country, the rig count in the Permian is rising and is now equal to all other rigs in the country combined. Permian…
Harold Hamm, Donald Trump, and Earthquakes
National press have reported that oil tycoon Harold Hamm, billionaire founder and CEO of Continental Resources, is being considered for Energy Secretary in the Trump administration. Last year, it was reported that Hamm pressured the University of Oklahoma to dismiss scientists who were studying links between disposal wells and earthquakes…
Pennsylvania Appellate Court Dismisses Landowner’s Claim Against Range Resources of Water Well Contamination
The Commonwealth Court of Pennsylvania last month issued its decision in Kiskadden v. Pennsylvania Department of Environmental Protection, copy of opinion here: Kiskadden. Kiskadden claims that chemicals from Range Resources’ Yeager wells, located about a half-mile from Kiskadden’s water well, contaminated his well. One judge dissented. The Commonwealth Court is…