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Oil and Gas Lawyer Blog

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Two Wins for Chesapeake in 5th Circuit

The 5th Circuit Court of Appeals in New Orleans has ruled for Chesapeake in two cases, holding that it can deduct post-production costs from gas royalties. Potts v. Chesapeake Exploration, No. 13-10601, and Warren v. Chesapeake Exploration, No. 13-10619. Both cases were decided by the same three judges, and both…

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New White Paper on Use of Water by Texas Exploration Industry

The Atlantic Council, a Washington-based think tank, has published a draft white paper on the exploration industry’s use of water in Texas. The draft paper, “Sustainable Water Management in the Texas Oil and Gas Industry,” was written by John Tintera, of the Austin firm Sebree & Tintera. Tintera, formerly executive director…

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Jimmy McAllen’s Judgment Against Forest Oil Affirmed

Jimmy McAllen’s battle against Forest Oil has moved one step closer to conclusion. Last week the Corpus Christi Court of Appeals affirmed an arbitration award of more than $20 million against Forest Oil for environmental and other damages to the McAllen Ranch and personal injuries to Mr. McAllen. The fight…

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Texas Railroad Commission Proposes New Rule on Authority of Pipelines to Condemn Private Property

The Texas Railroad Commission has published a proposed rule that will change how pipelines are classified as “common carriers” and “gas utilities.” That classification determines whether pipelines can exercise the power of eminent domain — the power to condemn rights-of-way for pipelines. In 2011, the Texas Supreme Court held in…

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More About “Allocation Wells”

Mike McElroy of the Austin firm McElroy, Sullivan, Miller, Weber & Olmstead, has written an article in the Section Report of the Oil, Gas & Energy Resources Law (Spring 2014), titled “Production Allocation: Looking for a Basis for Discrimination,” defending the practice of oil and gas operators’ drilling of “allocation wells.”  The term “allocation…

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Texas Railroad Commission’s New GIS Viewer Up and Running

In the last legislative session, the Texas Legislature gave the Texas Railroad Commission money to upgrade its website. The RRC’s new GIS Viewer is now available for use.  http://wwwgisp.rrc.state.tx.us/GISViewer2/  This map-based access to RRC information on wells, pipelines and records makes it much easier for the public to access RRC…

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Amarillo Court of Appeals Refuses to Apply Accommodation Doctrine to Groundwater

Last week, the Amarillo Court of Appeals issued its opinion inn City of Lubbock v. Coyote Lake Ranch, LLC, No. 07-14-00006-CV, holding that the accommodation doctrine did not apply to restrict the City’s use of Coyote’s land to develop the City’s groundwater under the land. In 1953, the City of…

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