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Oil and Gas Lawyer Blog

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Damning Report from Environmental Integrity Project on TCEQ’s Failure to Hold Polluters Accountable

This report from the Environmental Integrity Project, an organization of former EPA enforcement attorneys, provides a detailed account of the Texas Commission on Environmental Quality’s failure to enforce its rules against repeated failures by the production, midstream and refining industry to limit harmful emissions. From the report: In Texas, a…

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Devon v. Sheppard — A Win for Royalty Owners

Today the Texas Supreme Court issued its opinion in Devon v. Sheppard, No. 20-0904, again addressing post-production cost deductions from royalties. The Court affirmed the court of appeals’ ruling in favor of the royalty owners. Sheppard leased minerals in the Eagle Ford Shale in 2007, before the first successful well…

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Railroad Commission v. Apache – The Issue of Standing

Recently the US Supreme Court heard argument in Biden v. Nebraska, in which several states challenge the President’s authority to forgive student loans. Lost in much of the coverage was the administration’s challenge to the states’ standing to bring the case. “Standing” is a difficult concept to get your arms…

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Betsy Webster v. T.J. Heard: The Story of a Secret Love, Slavery, and a Railroad Lawyer

Occasionally I run across interesting stories that have nothing to do with oil and gas, and I am somewhat of a Texas history buff. I came across this story in the most recent issue of the Journal of the Texas Supreme Court Historical Society. My summary below is from the…

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Van Dyke v. The Navigator Group – Double Fractions and the Presumed Grant Doctrine

  Today the Texas Supreme Court handed down its opinion in Van Dyke v. The Navigator Group, resolving a ten-year dispute over the ownership of royalty interests and $44 million in royalties. In 1924, the Mulkeys conveyed their ranch to White and Tom, with the following reservation: It is understood…

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