Unitex WI LLC v. CT Land and Cattle Company LLC rejected the surface owner’s effort to force the mineral lessee to bury a pipeline below plow depth. Surface owner CT’s claim was based on a mineral lease signed by former owner...more
In United States v. Osage Wind LLC a federal court in Oklahoma awarded permanent injunctive relief against a developer in the form of ejectment of a wind turbine farm after finding a continuing trespass....more
In Citizens for Clean Air & Clean Water in Brazoria County et al v. United States Department of Transportation et al., several environmental groups challenged the DOT’s approval of a license for commercial construction and...more
5/13/2024
/ Crude Oil ,
Department of Transportation (DOT) ,
Energy Projects ,
Environmental Impact Statements ,
Environmental Policies ,
Environmental Review ,
Licenses ,
NEPA ,
Oil & Gas ,
Ports ,
Statutory Violations ,
Transportation Corridor
A lot, it turns out. The Biden Administration, bending the knee to the progressive wing of the Democratic Party, has paused approval of new LNG export facilities. (In terms of influence on the President, this “wing” is...more
2/7/2024
/ Biden Administration ,
Carbon Emissions ,
Climate Action Plan ,
Climate Change ,
Energy Policy ,
Energy Projects ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Infrastructure ,
Liquid Natural Gas ,
Natural Resources ,
Oil & Gas ,
Pollution Control ,
Regulatory Agenda
A pipeline company condemning property of a governmental entity? That’s something you don’t see every day. Score a win for “big pipe” against “big government”. In Harris County Fresh Water Supply District No. 61 v. Magellan...more
The question in litigation is usually “WHAT”: what happened, what contract was breached, what did someone do or fail to do, and so on. In Hughes v. CJM Resources, LP, the question was, “WHO” had the right to file the suit in...more
5/12/2022
/ Breach of Contract ,
Contract Terms ,
Critical Infrastructure Sectors ,
Deeds ,
Energy Projects ,
Mineral Exploration ,
Mineral Extraction ,
Mining ,
Natural Resources ,
Notice of Right to Sue ,
Oil & Gas ,
Standing
In Opiela v. Railroad Commission of Texas and Magnolia Oil and Gas Operating, LLC, an Austin district court determined that the Commission’s Final Order granting a permit for a Production Sharing Agreement well in Karnes...more
In a precurser of disputes sure to come, in Lyle v. Midway Solar, LLC, a Texas court of appeals delivered a win for solar energy by applying the accommodation doctrine in favor of a solar developer’s actual use of the surface...more
The recently passed Consolidated Appropriations Act, providing additional COVID pandemic relief, also includes important extensions for renewable energy tax credits....more
In Chalker Energy Partners III LLC v. LeNorman Operating LLC, the Texas Supreme Court reaffirmed its belief in the sanctity of the written contract and the freedom of parties to negotiate and agree to contracts as they...more
3/10/2020
/ Appeals ,
Breach of Contract ,
Business Disputes ,
Confidentiality Agreements ,
Contract Disputes ,
Contract Negotiations ,
Contract Terms ,
Counterclaims ,
Energy Projects ,
Oil & Gas ,
Property Owners ,
Reversal ,
TX Supreme Court
Copano Energy, LLC v. Stanley Bujnoch, Life Estate, et al. asked whether an enforceable easement had been established by email. The trial court and court of appeal said yes, holding in favor of landowner the Bujnochs....more
As we welcome around 1,100 new Texans a day, water has become our most precious natural resource. According to the 2017 State Water Plan, Texas’ population is expected to increase more than 70 percent between 2020 and 2070,...more
It is no surprise to Texas Supreme Court watchers that in Energy Transfer Partners et al v. Enterprise Products Partners LP et al. the court rejected claims that the parties had created a partnership by actions that varied...more
2/11/2020
/ Business Disputes ,
Business Formation ,
Condition Precedent ,
Construction Project ,
Contract Disputes ,
Contract Negotiations ,
Contract Terms ,
Energy Projects ,
Oil & Gas ,
Partnership Agreements ,
Partnerships ,
Pipelines ,
TX Supreme Court
Thanks to the power of the trucking lobby, the prevailing policy on the question of who wins and who loses if a carrier of goods goes unpaid favors the carrier over the broker, shipper, consignor and consignee. ...more
Referred to as the Setback Requirement for Oil and Gas Development, here is what Colorado voters will be asked to consider on November 6...more
My blogging sensei Cordell Parvin says the title should always inform the reader of the content. Mea culpa on this one; I couldn’t resist the alliterations.
Some time back I reported on Carlton Energy Group et al v....more
9/21/2016
/ Actual Damages ,
Appeals ,
Contract Disputes ,
Energy Exploration ,
Energy Projects ,
Energy Sector ,
Fair Market Value ,
Lost Profits ,
Oil & Gas ,
Purchase Agreement ,
Reversal
Today is a grab-bag of topics, a pastiche if your college tuition was higher than mine.
When Will the Fat Lady Sing?
El Paso Marketing, LP v. Wolf Hollow I, L.P., involving a gas plant Supply Agreement,...more
In their search for Utopia, some opponents of oil and gas drilling ignore innovation … What’s harmful now will forever be that way....more
7/2/2014
/ Bakken Shale ,
Energy Projects ,
Energy Sector ,
Environmental Policies ,
Fracking ,
Marcellus Shale ,
Natural Gas ,
Oil & Gas ,
Pipelines ,
Pollution Control ,
Recycling