Last week the Supreme Court of North Dakota handed down its opinion in Northwest Landowners Association v. State of North Dakota, 2022 ND 150. The court struck down portions of a statute passed by the North Dakota Legislature, Senate Bill 2344, dealing with ownership rights to “pore space.” North Dakota…
Oil and Gas Lawyer Blog
Inflation Reduction Act Tackles Methane Emissions
The Inflation Reduction Act, passed by the Senate yesterday and on its way to passage in the House, contains carrots and sticks for reducing methane emissions in the oil and gas sector. From Inside Climate News: One of the least discussed, but potentially most significant, climate aspects of the proposed…
James V Allred and the Land Cut: Where is the Shore of the Laguna Madre?
I ran across an article recently in the Journal of the Texas Supreme Court Historical Society about James V Allred, who succeeded the infamous Miriam “Ma” Ferguson as Governor of Texas in 1935. The Article, “Texas Troubles: Governor Allred and His Rangers Defy Jim Crow,” by Jody Edward Ginn, Ph.D.…
The Law of Fences
Texas A&M has published an excellent guide and summary of the law of fences, “Five Strands: a Landowner’s Guide to Fence Law in Texas.” Robert Frost had something to say about walls and fences in his poem “Mending a Wall.” An excerpt: There where it is we do not need…
Hlavinka v. HSC Pipeline Partnership – No Ordinary Condemnation Case
A recent Texas Supreme Court decision on pipeline eminent domain, Hlavinka v. HSC Pipeline: The Hlavinka family own some 13,000 acres in Brazoria County, Texas, situated near the Texas Gulf Coast directly between refinery and industrial centers. The family originally acquired this land because there are multiple existing pipelines crossing…
Capitol Hill Hearing Technologies to Reduce Methane Emissions
I just watched a hearing of the House Science and Technology Committee on efforts to reduce methane emissions from the US oil and gas industry. Four experts testified: Dr. David Lyon from Environmental Defense Fund, Riley Duren with Carbon Mapper, Dr. Brian Anderson, director of the National Environmental Technology Laboratory,…
Recent Interesting Oil and Gas Cases
Four interesting recent cases on oil and gas issues: Energy Transfer Fuel v. 660 North Freeway, 2021 WL 1569702 Energy Transfer owns an easement across North Freeway’s property in Fort Worth. The easement provided that the owner “hereby reserves the right to use the land in any manner that will…
Mitchell v. MAP Resources-Due Process Meets No-Extrinsic-Evidence Rule
The Texas Supreme Court handed down its opinion in Mitchell v. MAP Resources, Inc., setting aside a default judgment in a tax foreclosure suit granted more than 16 years ago, on the ground that the defendant’s due process rights were violated when she was served by posting notice on the…
The Texas Railroad Commission’s Response (so far) to Winter Storm Uri
A great article appears in the March Section Report of the Oil, Gas and Energy Resources Law section report, by Jacqueline Weaver, Professor Emeritus, University of Houston Law Center: “The Railroad Commission’s New Duties to Keep Texans Warm: Winter Storm Uri Forces Change.” Here are some excerpts: The throughput of…
Railroad Commission’s Appeal of Ruling on Allocation Wells to be Heard on April 27
Almost a year ago, a district court in Travis County ruled that the Texas Railroad Commission had violated Texas’ Administrative Procedure Act by issuing a well permit to Magnolia Oil & Gas after informally adopting rules for issuance of permits for allocation wells and “PSA” wells (production-sharing-agreement wells) without complying…