News & Analysis as of

Oil & Gas Land Owners Pipelines

Gray Reed

Texas Surface Owner Denied the Right To Buried Pipeline

Gray Reed on

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

Houston Harbaugh, P.C.

Texas Appeals Court Rules that Surface Owner Could Not Enforce Pipeline Burial Covenant in Oil and Gas Lease

Houston Harbaugh, P.C. on

Let’s assume that you purchase a 105 acre farm in Greene County in 2022. You purchase only the surface estate while the seller, Farmer Jones, retains the underlying oil and gas rights. You intend to grow corn and winter...more

Newburn Law

Acreage Dedications in Midstream Contracts

Newburn Law on

Acreage dedications are a fundamental component of midstream oil and gas agreements, playing a crucial role in facilitating the transportation of hydrocarbons from production sites to market. These dedications involve the...more

Houston Harbaugh, P.C.

Federal Court In Ohio Rules That Driller Must Establish Marketability of Each Gas Product Under Market Enhancement Clause

Houston Harbaugh, P.C. on

Let’s assume you own 95 acres in Greene County, Pennsylvania. In 2019, you signed an oil and gas lease with ABC Exploration. During the negotiations, you agreed that only those post-production costs which actually...more

Houston Harbaugh, P.C.

Federal Appeals Court Rules That Driller Must Establish Marketability of Each Gas Product under Market Enhancement Clause

Houston Harbaugh, P.C. on

Many Pennsylvania oil and gas leases have what is commonly known as a “market enhancement” royalty clause (“MEC”). These MEC leases typically prohibit the deduction of any post-production costs that are incurred transforming...more

Roetzel & Andress

Court of Appeals Rules That Oil and Gas Company Has Ongoing Obligation to Restore Property Despite General Release of Damages in...

Roetzel & Andress on

On April 11, 2022, the Fourth District Court of Appeals issued a significant decision in Zimmerview Dairy Farms, LLC v. Protégé Energy III LLC establishing that a general release of damages signed in connection with a pad...more

Gray Reed

Louisiana Pipeline Intrusion Case Remanded to Determine a Remedy

Gray Reed on

The baseball season might be in jeopardy, but litigants are swinging for the fences. In Mary v. QEP Energy, the parties entered into a Pipelins Servitude Agreement over Ms. Mary’s 160 acres. One of QEP’s pipelines extended...more

Gray Reed

Texas Easement Not Modified By Email

Gray Reed on

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

K&L Gates LLP

Pipeline Projects Face New Questions On Landowner Rights

K&L Gates LLP on

With the significant recent development of thousands of miles of new interstate natural gas pipeline infrastructure in the United States, landowner rights have gained increasing attention, spurred by the eminent domain...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2019 #4

Judge Delivers Major Setback to Trump Policy to Increase Coal Mining on Federal Land - "But the court ruling does say that the 2017 Trump administration policy, enacted by former Interior Secretary Ryan Zinke, to overturn...more

Flaster Greenberg PC

Marcellus Shale Update: 2018, The Year in Review

Flaster Greenberg PC on

2018 began with the United States producing immense amounts of oil and natural gas; pipeline companies struggling to build out the national pipeline system but not being transparent about how they are doing it; Europe, led by...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - December 2018 #3

Energy Companies to Appeal Loss of Forest Service Permit for Atlantic Coast Pipeline - "The builders of the $7 billion Atlantic Coast Pipeline say they will appeal a federal court ruling that invalidated a permit allowing...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2018 #5

Gas Drilling Not Damaging Forests' Waterways, State Finds - "Pennsylvania's state forests agency says it isn't finding damage to waterways amid the expansion of natural gas drilling in recent years, although it is reporting...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2018

State Files Motion to Dismiss Federal Lawsuit by EQT - "Lawyers representing the Secretary of the state Department of Environmental Protection have filed a motion to dismiss a lawsuit by the natural gas company EQT over a...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - January 2018 - Issue 2

Ohio Supreme Court Joins Texas and Oklahoma in Holding the State Does Not Recognize a Separate Implied Covenant to Explore Further - "We conclude that Ohio does not recognize an 'implied covenant to explore further'...more

Clark Hill PLC

Wolverine Pipe Line Company filing Condemnations in Washtenaw County for Detroit Multi Access Project

Clark Hill PLC on

Wolverine appears to be staging the filing of lawsuits to secure rights from larger, commercial properties in Washtenaw County before implementing processes against residential properties in Wayne and Washtenaw Counties. ...more

Dentons

Iowa landowners file lawsuits to suspend eminent domain hearings

Dentons on

On Friday, May 20, Bill Hanigan of the Davis Brown Law firm filed separate lawsuits on behalf of Verdell and Marian Johnson, and Marvin and Bonnie Zoch, against Dakota Access Pipeline Company. Both couples are Cherokee County...more

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