Significant cases on oil and gas issues in 2019:
In Texas Outfitters v. Nicholson, the Texas Supreme Court again addressed the duty of the older of executive rights to minerals owned by another.
In Trial v. Dragon, the Supreme Court delved into the arcane theories of the Duhig rule and estoppel by deed.
In Burlington v. Texas Crude the Supreme Court again addressed the issue of post-production-cost deductions from royalties.
In Barrow-Shaver Resources v. Carrizo, the Supreme Court, with deeply divided opinions, addressed the enforcability of a consent-to-assign clause in a farmout agreement.
Oil and gas cases pending in the Supreme Court:
The Williams Companies sued the Railroad Commission over its issuance of a flaring permit to Exco in the Eagle Ford. Case pending.
Cimarex v. Anadarko, on operations by one lessee co-tenant and effect on leases held by non-participating co-tenant.
Chesapeake v. Bell, on construction of an express drainage offset clause in an oil and gas lease.
ConocoPhillips v. Ramirez, on Conoco’s obligation to pay interest on withheld royalties subject to a title dispute.
BPX v. Strickhausen, on whether Ms. Strickausen’s cashing her royalty check ratified a pooled unit.
Fairfield Industries v. EP Energy, on whether a liquidated damages clause is an unenforceable penalty.
Yowell v. Granite Operating, on whether a reservation of an ORR that applied to extensions and renewals violates the Rule Against Perpetuities.
Bluestone Natural Resources II v. Randle, another case on post-production costs.