News & Analysis as of

Royalties Lease Termination

Houston Harbaugh, P.C.

Pennsylvania Court Rules That Shut-In Royalty Provision Had No Connection to the Duration of an Oil and Gas Lease

Houston Harbaugh, P.C. on

In its May 22, 2024 non-precedential memorandum decision in Frye v. Penn View Exploration, Inc., 919 WDA 2023 (Pa. Super. Ct. May 22, 2024), the Pennsylvania Superior Court found that an oil and gas lease’s shut-in royalty...more

Houston Harbaugh, P.C.

The Neale Rule – Who Really Owns the Oil and Gas Under Railroads?

Houston Harbaugh, P.C. on

Since the early 1900’s, your family has owned a 105 acre farm in Greene County, Pennsylvania. In 2024, you and your siblings sign an oil and gas lease with XYZ Drilling Company. The language in the lease states that it...more

Houston Harbaugh, P.C.

The Colorado Supreme Court Declines to Adopt Commercial Discovery Rule

Houston Harbaugh, P.C. on

Let’s assume you own 136 acres in Tioga County. In 2011, you signed a new oil and gas lease with ABC Production (the “2011 Lease”). The 2011 Lease had a five-year primary term which expired in October 2016. In 2014, ABC...more

Houston Harbaugh, P.C.

Pennsylvania Federal Court Dismisses Gas Driller’s Declaratory Judgment Lawsuit Involving Oil & Gas Lease

Houston Harbaugh, P.C. on

In an October 10, 2023, the United States District Court for the Middle District of Pennsylvania dismissed a gas driller’s declaratory judgment lawsuit involving an oil and gas lease in the SWN Production Company, LLC v. Blue...more

Houston Harbaugh, P.C.

Can Cryptocurrency Mining Maintain an Oil and Gas Lease Beyond Primary Term?

Houston Harbaugh, P.C. on

The recently filed Hobe Minerals Limited Liability Company v. Bonanza Creek Energy Operating Company, LLC, et al lawsuit in a Colorado trial court challenges whether intermittent cryptocurrency mining can maintain an oil and...more

Houston Harbaugh, P.C.

Recent Federal District Court Decision Suggests New Approach for Oil and Gas Lease Termination

Houston Harbaugh, P.C. on

The United States District Court for the Western District of Pennsylvania’s recent decision in Bootes v. PPP Future Development, Inc., C.A. No. 22-154 (W.D.Pa. March 21, 2023) denying a gas company’s request to dismiss oil...more

Gray Reed

A New Day for Louisiana Oil and Gas Lenders?

Gray Reed on

Lenders to Louisiana operators are likely to be reconsidering their business practices in light of Gloria’s Ranch v. Tauren et al. A rather ordinary lease termination suit resulted in the lender Wells Fargo being...more

Gray Reed

Lessee Escapes Termination

Gray Reed on

Escondido and Justapor. Next up on Tiny Desk Concert? Good guess, but no. They are the parties in Escondido v. Justapor, a Texas case presenting the perils of lease termination clauses and vaguely-drawn contracts....more

Gray Reed

What Happens to a Bundled Production Payment When a Lease Terminates?

Gray Reed on

Must a production payment out of four oil and gas leases be proportionately reduced if two of the leases expire because production ceased? In Apache Deepwater, LLC v. McDaniel Partners, Ltd., the Texas Supreme Court says yes....more

Gray Reed

Another Lease Termination Case, a Different Ending

Gray Reed on

We recently discussed failure to produce in paying quantities. Another decision involving the same lessee had a different result. Why? The question in both cases was whether the well was capable of producing in paying...more

Locke Lord LLP

Locke Lord QuickStudy: Range Resources Case

Locke Lord LLP on

On March 6, 2015, the Texas Supreme Court decided a case involving the duties owed to the non-executive holder of a nonparticipating royalty interest by both the executive rights holder and the lessee that negotiated the...more

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