President Obama, in an attempt to recoup some of the money being spent to revive the economy, proposes to repeal several tax provisions near and dear to the oil and gas industry: Enhanced oil recovery credit Marginal well tax credit Expensing of intangible drilling costs Deduction for tertiary injectants Passive…
Oil and Gas Lawyer Blog
NAT GAS Act Introduced in House
H.R. 1835, the New Alternative Transportation to Give Americans Solutions Act of 2009 (NAT GAS Act) was introduced in the U.S. House of Representatives by Dan Boren (D-OK), John Larson (D-CT) and John Sullivan (R-OK). Its purpose is to promote the use of natural gas in vehicles, with an emphasis…
Chesapeake Energy Master Drilling Plan Approved by Fort Worth City Council
Chesapeake Energy has obtained City approval for a “master drilling plan” that lays out plans to drill 69 horizontal wells from seven drilling locations within the City of Fort Worth. The plan identifies the drilling locations and the gathering lines, and how produced water will be disposed of. The plan shows how…
Texas Supreme Court Record on Royalty Owner Cases
In a previous post I discussed a recent Texas Supreme Court case, Exxon v. Emerald, reversing a multimillion-dollar judgment against Exxon for intentionally sabatoging wells so that they could not be re-entered. This nudged me to look at other royalty-owner related cases handed down by the Texas Supreme Court over the…
Wind Energy in Texas
Renewable energy is a hot topic in the new Obama Administration. Wind Energy is being touted, especially in Texas, as a solution to global warming and U.S. dependence on foreign oil. Wind farms have sprouted all across Texas. Texas is now the leading wind energy producing state. Texas utilities are about…
Exxon v. Emerald
On March 27, the Texas Supreme Court issued its opinions in two related cases, both styled Exxon Corporation v. Emerald Oil & Gas Company. The cases were argued before the court more than two years ago, and the decisions were awaited with much anticipation. The Court reversed a judgment against Exxon…
Use of Bank Drafts for Bonus Payment in Oil and Gas Leasing
Exploration companies have traditionally used bank drafts to pay bonuses for oil and gas leases. Since drafts look a lot like a check, they can be misleading to mineral owners. Some mineral owners’ recent experiences with dishonored drafts have highlighted the problems with use of these financial instruments. A draft…
Oil and Gas Lease Termination Clauses
Last week I discussed Wagner & Brown v. Sheppard, a recent Texas Supreme Court case that involved a lease termination clause. Sheppard’s lease in that case provided that, if royalties were not paid to her within 120 days after first production, the lease would automatically terminate. That is exactly what…
What happens to a pooled lease when the lease terminates?
A recent decision of the Texas Supreme Court, Wagner & Brown, Ltd. v. Sheppard, has caused quite a stir in oil and gas legal circles. The court was faced with a question never before answered by a Texas appellate court, what is known as a “case of first impression.” Such…
Surface Damages for Oil and Gas Activities in Texas
Landowners in Texas are often surprised to learn that oil companies have no obligation to compensate them for use of their lands, or to restore the lands after their use, absent a contractual requirement to do so in their oil and gas lease. The typical oil-company form lease provides only…