News & Analysis as of

Energy Sector Leases

Gray Reed

Suit to Terminate Texas Oil and Gas Lease Fails for Lack of Evidence

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The real takeaway from Pruett v. River Land Holdings LLC is the reminder that the Texas Railroad Commission cannot adjudicate questions of title. ...more

Husch Blackwell LLP

Leasing Considerations in Battery Energy Storage Projects

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As the energy transition continues, battery energy storage has become an increasingly critical form of technology to support and maximize variable renewable energy resources such as wind and solar, and add a level of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Three Unfolding Cases Could Shape Future Energy Litigation, and Perhaps Business Practices

A stream of judicial decisions in the pipeline will have important implications for the energy industry. The three cases discussed below are among those that energy litigators and industry professionals are watching in 2024....more

McGuireWoods LLP

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

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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

Stoel Rives -  Ahead of Schedule

Contract Drafting Tips for Rooftop Solar and Carport Solar Leases

Adding solar energy facilities to a rooftop or a parking lot is an excellent way to put developed land to even more productive use. Hosting a solar array can create value for a property via a new revenue stream from rent...more

Williams Mullen

[Webinar] Renewable Energy Series: Site Control Issues and Real Estate Diligence for Renewable Energy Projects - June 6th, 11:00...

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Developing successful renewable energy projects begin with selecting the right project site. Securing site control using well drafted real estate contracts and conducting thorough real estate diligence can help identify...more

Bennett Jones LLP

Saskatchewan Makes it Easier to Adopt Orphan Wells

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Two recent insolvencies have resulted in the number of orphaned wells and facilities in Saskatchewan ballooning to over 4000. To reduce the burden on the Saskatchewan orphan fund, The Oil and Gas Tenure Registry Regulations...more

Latham & Watkins LLP

Momentum Builds Towards California Offshore Wind Reality

Latham & Watkins LLP on

California’s first upcoming offshore wind lease sale, scheduled for December 6, 2022, is the next major step forward for clean energy in the Golden State. The Bureau of Ocean Energy Management (BOEM) and the State of...more

Perkins Coie

BOEM Releases Final Sale Notice for California Offshore Wind Lease Sale

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The Bureau of Ocean Energy Management (BOEM) issued its Final Sale Notice (FSN) on October 18, 2022, for the first offshore wind energy leases on the west coast of the United States. With the lease sale scheduled for December...more

Husch Blackwell LLP

Non-Disturbance Agreements: Beneficial to Both Renewables Developers and Banks

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Few propositions are as much of a win-win for both the holders of mortgages and the developers of renewable energy projects as non-disturbance and attornment agreements....more

Houston Harbaugh, P.C.

Pennsylvania Superior Court Rules that Royalty Clause Referencing Both ‘Gross Proceeds’ and ‘At the Well’ Was Ambiguous

Houston Harbaugh, P.C. on

Let’s assume that you own 125 acres in Tioga County. In 2017, you negotiate a new oil and gas lease with XYZ Drilling. During the negotiations, you insist on a “gross royalty” which prohibits the deduction of...more

Bennett Jones LLP

Geothermal Resource Development: Alberta Energy Issues Guidance for Obtaining Geothermal Resource Leases

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On January 25, 2022, Alberta Energy issued Mineral Rights Information Bulletin 2022-02 (Bulletin) setting out guidance for acquiring deep geothermal resource leases for stand-alone geothermal operations in Alberta....more

King & Spalding

Quantum Quarterly – Issue 12 – 4 Quarter 2020

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Claimant is an Australian joint venture between Chile’s Antofagasta plc and Canada’s Barrick Gold Corporation. In 2006, Claimant became a party to a joint venture agreement between it and the Government of Balochistan with...more

Holland & Hart LLP

Risky Business: Uncertain Outcomes for Application of Bankruptcy Code 365

Holland & Hart LLP on

Variations in How States Treat Oil & Gas Leases Make Dispositions Complicated - Ability of a debtor to assume, assign, or reject oil and gas “leases” under section 365 of the Bankruptcy Code - Section 365(a) of the...more

Akin Gump Strauss Hauer & Feld LLP

Maintaining Your Lease When There’s Nowhere to Send Your Oil

- Industry analysts are forecasting that the surplus of oil produced over oil needed may soon exceed available storage. Producers that were already reducing production due to low prices are now feeling pressure to completely...more

Williams Mullen

[Webinar] Real Estate Trends and Issues in Solar Leasing and Property Purchase - January 29th, 11:00 am ET

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Developing a successful solar project begins with selecting the right project site and identifying real estate issues and risks during diligence. Having well drafted real estate contracts and conducting detailed real estate...more

Allen Matkins

Renewable Energy Update - April 2019 #3

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Focus - California bill proposes a backstop authority to secure state’s power grid needs - Greentech Media - April 17 - California lawmakers are grappling with a complicated yet critical issue — how to secure the...more

Perkins Coie

Seven-Year Extension of Diablo Canyon Lease Held Exempt from CEQA

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A court of appeal has rejected CEQA and public trust challenges to a State Lands Commission lease extension allowing the Diablo Canyon nuclear power plant to continue operating through 2025. World Business Academy v....more

Carlton Fields

New York Trial Court Finds Lexington Has No Duty to Provide Coverage for Damages Stemming from an Insured’s Knowing and...

Carlton Fields on

County of Suffolk v. Lexington Ins. Co., Case Number 604661-2017, Supreme Court of the State of New York, Suffolk County - Under New York law, the requirement of a fortuitous loss is a necessary element for coverage to...more

Gray Reed

Was it a Mineral Deed or an Oil and Gas Lease?

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How to distinguish an oil and gas lease from a mineral deed? In Richardson v. Mills, it was a deed when the instrument uses words like “forever” and imposes no duty to explore for and develop minerals....more

Beveridge & Diamond PC

First-Ever Legal Challenge Filed Against Proposed Federal Offshore Wind Lease Auction

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A coalition of fishing advocates, local towns, and municipalities from New Jersey to Rhode Island has sued the U.S. Department of the Interior’s Bureau of Ocean Energy Management (“BOEM”) and sought a temporary restraining...more

King & Spalding

BOEM Updates Financial Assurance and Risk Management Requirements for Offshore Leases

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The Bureau of Ocean Energy Management (BOEM) recently announced revisions to its financial assurance and risk management requirements for companies holding oil and gas leases in federal waters. BOEM regulations establish a...more

BakerHostetler

Crude-by-Rail Update: Largest West Coast Terminal Proposal Suffocating Under Delay

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The largest proposed crude-by-rail (CBR) transloading facility on the West Coast recently survived a major hurdle to its ultimate construction and operation—a lease extension. But with the proposed project enduring nearly...more

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