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…
Oil and Gas Lawyer Blog
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…
RBN Energy Blog Square One Series: Excellent Tutorial on Exploration and Production
I ran across this blog recently, which is producing a series of blog posts on modern techniques of exploration and production, from leasing through well production and plugging. Excellent tutorial for the lay person. https://rbnenergy.com/blog-series/square-one
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…
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…
“whether or not in paying quantities”
Last year the 14th Court of Appeals in Houston issue an opinion that should serve as a warning to mineral owners, Thistle Creek Ranch v. Ironroc Energy Partners, No. 14-20-00347-CV. Thistle Creek sued IronRoc to terminate an oil and gas lease it claimed had expired for lack of production in…
Davis v. JD Minerals: another fixed vs floating royalty dispute
Last month the El Paso Court of Appeals issued its opinion in a long-running dispute over royalties on a section of land in Upton County. Davis et al. v. COG Operating, LLC, et al., No. 08-20-00205-CV. The court addressed several issues, one of which was the construction of a 1939…
Year in Review: Significant Cases and Events
Winter Storm Uri The fallout from the Texas Freeze in February 2021 continues. A year later, UT’s Austin Energy Institute concluded that multiple failures of power plants, gas processing plants, gas storage and distribution facilities, and gas production all contributed to the system failures. ERCOT management was fired; natural gas…
Who wrote “‘Twas the Night Before Christmas”? The jury is still out
“Account of a Visit from St. Nicholas”, as the poem was first called, was first published anonymously in New York’s Troy Sentinel newspaper on December 23, 1823. An college classmate from Troy, Jack Casey, recently told me of two trials in Troy over the authorship of the poem – the…
Hahn v. ConocoPhillips — another case on fractional vs. fraction of royalty
Last week the Corpus Christi Court of Appeals issued a decision on a long-running dispute over reservation of a royalty interest in a deed. This is the court’s second opinion in the case. In the court’s first opinion in 2018, the court construed the following royalty reservation: SAVE AND EXCEPT…