In this case, decided last April, the Texas Supreme Court held that the force majeure clause in an oil and gas lease could not be relied on to extend the date by which a well had to be commenced to keep the lease in force. The facts are these: MRC…
Oil and Gas Lawyer Blog
Crane County salt water spill from overpressured zone used for water disposal
This link shows a report from CBS Odessa affiliate about a huge leak of injected water. These events are occurring all over West Texas because the Railroad Commission grants permits to dispose of produced water into shallow formations. Thousands of old wellbores exist in West Texas, some never plugged, some…
GDHM Land & Mineral Owner Seminar next April
Contrasting Philosophies of Lease Construction: Boulder County v. Crestone Peak (Colo. 2023)
Twenty years ago I wrote an article, “Issues Concerning Royalty Valuations and Deductions,” published in the Petroleum Accounting and Financial Management Journal. One of those issues I discussed was the recurring problem of post-production cost deductions. In the article I contrasted the approaches to lease construction illustrated by two cases:…
The New World of “Differentiated/Certified Gas”
Ammonia production is essential to agriculture production, used as a fertilizer. Anhydrous ammonia, a gas, is injected into farmland to enhance the soil with nitrogen. As a boy I remember driving a tractor to fertilize with it. Ammonia production also uses huge amounts of energy. It is created by transforming…
Iskandia Energy Operating vs SWEPI LP – The looming problem of contamination by salt water injection wells in the Permian
This case illustrates an increasing problem related to salt water disposal in the Permian Basin. Recent articles in Texas Monthly and other publications have documented leaks from old abandoned wells caused by injection of massive quantities of salt water into shallow formations.Iskandia Energy Operating, Inc. v. SWEPI LP, No. 08-22-00103-CV,…
Devillier v. State of Texas: An Important Case for Texas Landowners
The US Supreme Court has agreed to hear Devillier v. State of Texas, Docket No. 22-913, a suit by the Devilliers and others to recover for damages to their land caused by the State. The facts are described in the Devillier’s Petition for Writ of Certiorari: This case arises out…
City of Dallas v. Trinity East Energy – Texas Supreme Court Refuses City’s Petition on Appeal of $33 million judgment
In 2014 the City of Denton banned drilling of wells within its city limits. In response the Texas Legislature quickly passed HB 40, giving the Texas Railroad Commission exclusive jurisdiction to issue drilling permits within municipalities and allowing cities to regulate oil and gas activity only if their ordinances relate…
World Electricity Sources in 2022
What Electricity Sources Power the World? Worldwide only 14.4% of electricity comes from renewables – wind, solar, geothermal; if you add in hydroelectric, the number is 29%.
Federal District Court Addresses Post-Production Costs in Light of Devon v. Sheppard
The federal district court in Pecos, Judge David Counts, issued a memorandum opinion in H.L. Hawkins, Jr., Inc. v. Capitan Energy, Inc., P:22-CV-DC[Hawkins] addressing Hawkins’ claim that Capitan had improperly deducted post-production costs from its royalty. The Court held that the reasoning in the recent Texas Supreme Court case of Devon…