News & Analysis as of

Oil & Gas Minerals

Gray Reed

Texas Railroad Commission’s Denial of MIPA Forced-Pooling Affirmed

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If you follow the Texas Railroad Commission closely, you should read Ammonite Oil & Gas v. Railroad Commission of Texas, in which the Supreme Court rejected a mineral owner’s effort to force pool an interest under the Mineral...more

Oliva Gibbs LLP

Muscled Out While “Muscling In”: The Role of Actual Drainage in MIPA

Oliva Gibbs LLP on

In Ammonite Oil & Gas Corp. v. R.R. Comm’n of Tex., the Texas Supreme Court held that the Railroad Commission (the “RRC”) did not abuse its discretion in denying a “muscle in” application under the Texas Mineral Interest...more

Husch Blackwell LLP

Navigating Solar Development in the Appalachian Basin: Surface and Subsurface Rights

Husch Blackwell LLP on

Solar developers in the PJM region, particularly in Pennsylvania, West Virginia, and Ohio, often encounter land with a complex history of mineral development. This history can significantly impact solar projects, from site...more

Gray Reed

How Courts Look at Fixed or Floating Royalty Disputes

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Montgomery Trustee v. ES3 Minerals and Echo Minerals is another Texas fixed or floating royalty case. Before diving into the details, perhaps it’s best to describe the pattern the courts seem to fall into to resolve these...more

Akin Gump Strauss Hauer & Feld LLP

This Week's Climate Policy Update - July 2024 #2

Good afternoon! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more

K&L Gates LLP

June 2024 ESG Policy Update—Australia

K&L Gates LLP on

Australian Update - Australia and EU Enter Into Critical and Strategic Minerals Partnership - On 28 May 2024, Australia and the European Union (EU) signed a Memorandum of Understanding (MOU) for a bilateral partnership to...more

K&L Gates LLP

Deep-Sea Mining – Article 1: What Is Happening With Deep-Sea Mining?

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Debate continues on whether the UAE Consensus achieved at COP28 represents a promising step forward or a missed opportunity in the drive towards climate neutral energy systems. However, the agreement that countries should...more

Vinson & Elkins LLP

Trends in African Upstream M&A

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With global oil and gas demand forecast to grow and huge exploration potential across and offshore the continent, Africa is an increasingly attractive destination for upstream investment. In this chapter for Upstream Oil and...more

Gray Reed

Texas Court Rules in Suit Over Minerals in Another State

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Scheming to find the most remote and inaccessible county in Texas (my vote is Yoakum but there is no paucity of candidates) in which to dish out Texas home-town justice to an out-of-state defendant? Consider Bauer and Braxton...more

Oliva Gibbs LLP

All Means All, Y’all: The Fifth Circuit Addresses CAFA Exception

Oliva Gibbs LLP on

The Fifth Circuit recently rendered a decision in Cheapside Mins., Ltd. v. Devon Energy Prod. Co., L.P. concerning a class action that arose from Devon Energy Production Company’s (“Devon”) alleged underpayment of royalties...more

Oliva Gibbs LLP

Forgive Us Our Trespasses? Not if the BLM Has Anything to Say About It

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True Oil LLC v. BLM is a recent opinion by the Wyoming Federal District Court, based on the appeal of an order out of the BLM Rawlins Field Office.  At issue was whether a fee surface owner can grant a subsurface easement...more

White & Case LLP

Geopolitics and decarbonization in the mining & metals sector

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Geography—as much as geology—is driving commercial activity and opportunities for mining & metals firms as decarbonization accelerates - The old adage—credited to J. Paul Getty—goes, "The meek shall inherit the Earth, but...more

J.S. Held

Why Africa Matters: The Investment Case

J.S. Held on

Population and economic growth: A burgeoning global market - Africa’s population is growing rapidly. Already numbering almost 1.5 billion, it is projected to reach 2.5 billion by 2050 – around 25% of the world’s...more

White & Case LLP

Africa Focus: Summer 2023

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Recent disruptions in the global food supply chains have highlighted Africa's urgent need to become self-sufficient in food production. Traditionally, the continent has turned to small-scale community-based agricultural...more

American Conference Institute (ACI)

[Event] 22nd Arctic Energy & Resource Symposium - March 22nd - 23rd, Calgary, AB, Canada

Hosted by The Canadian Institute, the 22nd Annual Arctic Energy & Resource Symposium returns with curated programming that makes this a must-attend event for government and industry professionals involved in Northern...more

Roetzel & Andress

One Less Way for Ohio Landowners to Challenge Royalty Severances

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On February 15, 2022, the Ohio Supreme Court issued a significant decision in Peppertree Farms, L.L.C. v. Thonen establishing that, unless expressly stated otherwise, an oil and gas royalty interest retained in a deed...more

American Conference Institute (ACI)

[Event] 21st Annual Arctic Energy & Resource Symposium - March 30th - 31st, Calgary, Alberta, Canada

A must-attend event for government and industry professionals involved in Northern infrastructure and resource development. The Canadian Institute’s 21st Annual Arctic Energy & Resource Symposium is your opportunity to ask...more

Roetzel & Andress

Ohio Appellate Court Further Clarifies 'Reasonable Diligence' Standard Under the Dormant Mineral Act

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On November 18, 2021, in another significant case involving surface owners who were attempting to abandon severed mineral interests under the Dormant Mineral Act, R.C. § 5301.56, et seq. (“DMA”), the Seventh District Court of...more

Gray Reed

Texas Supreme Court Reverses Subsurface Trespass Judgment

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Regency Field Services LLC v. Swift Energy Operating LLC, draws one’s attention to the difficult analyses that should be made before bringing a subsurface trespass claim....more

K&L Gates LLP

Navigating Ohio's Wild West: Exceptions to the Marketable Title Act

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Last year in West v. Bode, the Ohio Supreme Court determined that mineral estates are subject to the statutory double barrel of both the Marketable Title Act (MTA) and the Dormant Mineral Act (DMA), providing surface owners...more

Steptoe & Johnson PLLC

Ohio Supreme Court Provides Some Clarity on the Specificity Required to Reserve Interests Under the Marketable Title Act

Steptoe & Johnson PLLC on

On March 16, 2021, the Supreme Court of Ohio issued its opinion in Erickson et al. v. Morrison et al., Slip Opinion No. 2021-Ohio-746, clarifying the decision in Blackstone v. Moore, 2018-Ohio-4959, and holding that a...more

Husch Blackwell LLP

Mineral Owner vs. Solar Company: New Texas Case Addresses Key Issue

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A recent Texas case, Lyle v. Midway Solar, S.W. 3d, 2020 WL 7769632 (Tex. App. Ct., El Paso 83rd Dist. 2020), addressed a challenge that many solar developers wrestle with: how to handle minerals owners. The El Paso Court of...more

Roetzel & Andress

Ohio Supreme Court Rules That The Marketable Title Act Is Applicable To Severed Mineral Interests

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In a closely-watched case that carried potentially drastic consequences, on December 2, 2020, the Supreme Court of Ohio issued its decision in West v. Bode, 2020-Ohio-5473. In a close 4-3 decision, the Court held that there...more

Roetzel & Andress

Ohio Supreme Court To Decide Whether The Ohio Marketable Title Act Applies To Severed Oil And Gas Interests

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On January 21, 2020, the Supreme Court of Ohio accepted jurisdiction over West v. Bode, an appeal from the Seventh District Court of Appeals, to decide an important legal issue that should provide much-needed clarity to...more

Gray Reed

Oil Field Services Gets Lump of Coal From Santa

Gray Reed on

Our sympathies go out to those in the oilfield services industry in Texas—it looks like you got a lump of coal. In Mesa Southern CWS Acquisition v. Deep Energy Exploration Partners the Houston Court of Appeals upended the...more

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