I recently wrote about two appellate opinions dealing with retained acreage clauses in oil and gas leases. A retained acreage clause requires the lessee to release acreage not assigned to a producing well at the end of the primary term, or at the end of a continuous drilling program conducted…
Oil and Gas Lawyer Blog
Oral Argument in Coyote Lake Ranch Water Rights Case
The Texas Supreme Court heard arguments yesterday in the fight between the City of Lubbock and Coyote Lake Ranch over whether the accommodation doctrine applies to severed water rights. Here is a good article from the Texas Tribune summarizing the arguments. The oral arguments can be viewed on the Texas…
San Antonio Court of Appeals Denies Cernys’ Nuisance Claim
I have written before about landowners’ efforts to collect damages for personal injury and property damage caused by nearby oil and gas exploration operations on the theory that such activities cause a nuisance. Nuisance is a recognized tort claim. To recover, a person must prove that (1) the person has…
Two Recent Cases on Retained Acreage Clauses
Modern oil and gas leases often contain provisions that have come to be known as “retained acreage” clauses. Such clauses require the lessee to release acreage not assigned to a producing well at the end of the primary term, or at the end of a continuous drilling program conducted after…
EIA Financial Review of 97 Global E&P Companies
EIA issued its 2nd quarter financial review of the E&P industry, found here. Highlights: Production is declining for the first time since the beginning of 2014 (click to enlarge). Companies are losing cash (click to enlarge): Profit is down to zero (click to enlarge): Debt increased (click to enlarge):
Good Article from Texas Tribune on RRC Commissioner Porter
Texas Tribune September 24, 2015 – by Ross Ramsey: What happens when an elected official says “we” is that we think they’re talking about us — the people who elected them. Sometimes, that’s right. In fact, it’s right most of the time. Not at the Texas Railroad Commission. It’s…
Texas Railroad Commission Report to Sunset Commission
The Texas Railroad Commission has submitted its “Self-Evaluation Report” to the Texas Sunset Commission, in anticipation of Sunset Commission review of the RRC in the next legislative session in 2017. Under Texas’ sunset law, every Texas agency must periodically undergo review by the Sunset Commission and be re-authorized by legislative…
The Power to Regulate Pollution
During my vacation I read The Quartet: Orchestrating the Second American Revolution, 1783-1789, by Joseph J. Ellis. Ellis tells the story of the writing and passage of the US Constitution, orchestrated, he asserts, by George Washington, Alexander Hamilton, John Jay and James Madison (the quartet). Before the adoption of the…
Texas Supreme Court Agrees to Hear Coyote Lake Ranch vs. City of Lubbock
The Texas Supreme Court yesterday granted Coyote Lake Ranch’s petition to review the Amarillo Court of Appeals’ opinion holding that the accommodation doctrine does not apply to severed groundwater. View my previous post on the case here.
ExxonMobil v. Lazy R Ranch – a Case to Watch
In January, the El Paso Court of Appeals decided the appeal of Lazy R. Ranch, LP, et al. vs. ExxonMobil Corporation. The court reversed a summary judgment in favor of Exxon and remanded the case to the trial court for a trial on the merits. Exxon has asked the Texas…