Christopher Helman has recently written two articles on Aubrey McClendon, CEO of Chesapeake Energy, one in the October 24 edition of Forbes, and one — an interview with McClendon — on Helman’s blog. McClendon is the Steve Jobs of the US oil & gas exploration industry, in many ways the…
Oil and Gas Lawyer Blog
State of Texas v. Cemex – the meaning of “minerals”
The Eighth Court of Appeals in El Paso has issued its opinion in State of Texas v. Cemex Construction Materials South, LLC. The court reversed a summary judgment for Cemex and granted the State’s summary judgment, returning the case to the trial court to assess damages. The State is seeking…
Fight Over King Ranch Heir’s Estate – In re Estate of Belton Kleberg Johnson
Earlier this year, the San Antonio Court of Appeals issued an opinion in a case contesting the will of Belton Kleberg (B.K.) Johnson, greatgrandson of the founder of the King Ranch. Johnson died in 2001 at the age of 71. In the 1950’s, Johnson was passed over to head the…
Texas Railroad Commission Staff Proposes Draft Rule for Disclosure of Frac Chemicals
The staff of the Texas Railroad Commission has proposed to the Commision rules to implement House Bill 3328, passed by the last Legislature, requiring the disclosure of chemicals used in frac fluids. The rules will be subject to a period for public comment, and a hearing will be held on…
Three Important Texas Supreme Court Opinions Issued
The Texas Supreme Court issued three opinions last week of interest to Texas land and mineral owners: one dealing with the duties of holders of executive rights, one limiting the condemnation powers of pipelines, and one addressing whether injection well operators can be held liable for trespass if the injected…
Supreme Court Overrules Motions for Rehearing in BP v. Marshall
The Texas Supreme Court on August 19 overruled the royalty owners’ motions for rehearing of their decision in BP v. Marshall. For my prior discussion of this case, go here. To see the Court’s original opinion, go here.
EPA Issues Proposed Rules to Reduce Emissions from Well Drilling and Production
The U.S. Environmental Protection Agency has issued proposed rules to cut down on emissions of volatile organic compounds (VOCs) and methane from well drilling and production sites. The rules were issued pursuant to a settlement of a suit by environmental groups alleging that EPA was not enforcing air emissions laws…
New York Issues Revised Study of Fracing in the Marcellus
The New York State Department of Environmental Conservation (DEC) has been engaged in a comprehensive review of the potential environmental impacts of development of the Marcellus Shale in New York since 2008. The DEC is the regulatory agency in New York responsible for issuing drilling permits and regulating oil and…
Recent News: EPA Fracing Study, Report on Eagle Ford, Frac Water Recycling, Range v. EPA,
WSJ Weighs In On Fracing Controversy The Wall Street Journal gives its opinion on the dangers of hydraulic fracturing, siding with the industry: “The shale gas and oil boom is the result of U.S. business innovation and risk-taking. If we let the fear of undocumented pollution kill this boom, we will…
New York Times Articles on Shale Plays Create a Stir
Two recent articles by a New York Times reporter, Ian Urbina, have caused strong reactions among the industry and those following shale plays in the U.S. Urbina’s articles may be found here and here. Urbina’s basic theme is that the new reserves of natural gas attributed to shale plays are…