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Interesting — Texas Court Rules Unpaid Royalty Payments not Subject to Compound Interest

Are unpaid royalty payments for oil-and-gas leases subject to simple or compound interest? Simple, the Texas Supreme Court said in Samson Exploration, LLC v. Bordages on June 7, 2024....more

Louisiana Case Clarifies That Some “Exclusive” Pipeline Servitudes May Not Be All That Exclusive

On April 10, 2024, Louisiana’s Second Circuit Court of Appeals released an important decision regarding pipeline servitudes. In ETC Tiger Pipeline, LLC v. DT Midstream, Inc. and DTM Louisiana Gathering LLC, No. 55,534-CA, the...more

Federal Court Upholds Pennsylvania Act 85, Says Cross-Unit Well Didn’t Breach Lease Agreement 

The Pennsylvania Act 85 of 2019 amended the Pennsylvania Oil and Gas Lease Act to add a section permitting cross-unit drilling. On Jan. 24, 2023, the U.S. District Court for the Middle District of Pennsylvania upheld Act 85...more

2/22/2024  /  Energy Sector , Leases , Natural Gas , Oil & Gas

Texas Appellate Court: Water Created During Fracking Is Oil and Gas Waste, Not Water

In July 2023, the El Paso Court of Appeals held that produced water created in the fracking process is considered an oil and gas waste rather than water — meaning it belonged to the mineral lessee, not the surface owners. See...more

Federal Court Denies Attempt to Enjoin Appeal Before Pennsylvania Environmental Hearing Board

On June 5, 2023, the U.S. District Court for the Middle District of Pennsylvania denied Transcontinental Gas Pipeline Co. LLC’s (Transco) attempt to enjoin an administrative appeal proceeding before the Pennsylvania...more

Ownership of Pore Space and Its Relation to Surface Estate

Land rights and interests continue to be a prominent fixture in the legal landscape. Among other things, the ownership of highly sought-after pore space has been at the center of multiple property rights cases and legislation...more

Compliance Deadlines Approaching: Pipeline Safety Mega Rule

Regulators are looking at a ticking time clock for covered entities in the gas transmission industry to ensure their compliance with the Pipeline and Hazardous Materials Safety Administration’s “Mega Rule” — a rulemaking...more

2/22/2024  /  Energy Sector , Oil & Gas , PHMSA , Pipelines

TSA Strengthens Cybersecurity Monitoring for “Critical” Pipelines and LNG Facilities

Regulatory interest in securing the nation’s energy infrastructure continued in 2023. On July 26, 2023, the Transportation Security Administration (TSA) announced significant updates to its security directive aimed at...more

Proposed PHMSA Rulemaking Affects Natural Gas Pipelines

On May 18, 2023, the U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice of proposed rulemaking intended to improve the detection and repair of leaks from...more

New Federal Pipeline Safety Regulations Present Work-Product Concerns

As of October 6, 2022, operators of gas and hazardous liquid pipelines must comply with the Pipeline and Hazardous Materials Safety Administration’s (“PHMSA”) Final Rule on “Valve Installation and Minimum Rupture Detection...more

Early Drill-Down on Biden Administration Oil and Gas Policy

As expected, President Biden’s first days in office were marked by a number of executive orders and other actions aimed at unwinding Trump-era environmental policies. For example, President Biden rejoined the Paris Agreement,...more

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