News & Analysis as of

Surface Estates Mineral Leases

Oliva Gibbs LLP

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

Oliva Gibbs LLP on

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

Mintz

The Osage Nation of Killers of the Flower Moon Fame Had a Big Win in Federal Court This Week

Mintz on

A Federal Judge in Oklahoma has ordered the ejectment of 84 wind turbines on 8400 acres of Osage County Oklahoma. The problem for the developers of the wind farm is that they leased the surface of those 8400 acres from the...more

(ACOEL) | American College of Environmental...

Does The Mineral Owner’s Dominance Foreclose Environmental Advocacy by the Surface Owner?

Since the beginning of recorded mineral law, the owner of the mineral interests has enjoyed an elevated status in its relationship with the surface owner, resulting in the universally accepted notion that the mineral estate...more

Bennett Jones LLP

Operators May Reduce Annual Compensation Under Surface Lease Agreements

Bennett Jones LLP on

On March 19, 2019, the Alberta Court of Queen's Bench (ABQB) ruled in Karve Energy Inc. v Drylander Ranch Ltd., 2019 ABQB 298 that the Surface Rights Board (Board) does not have the authority to interfere with the amount of...more

Gray Reed

You Own the Oil. Do You Own the Rock?

Gray Reed on

Riddle: What’s the difference between a hydrocarbon molecule and the underground structure which the molecule inhabits? Answer: In Texas, you can own one and not the other, according to Lightning Oil Co. v. Anadarko E&P...more

Spilman Thomas & Battle, PLLC

Oil & Gas Lessees Retain Important Rights in W.Va.

The Fourth Circuit Court of Appeals’ recent decision in Whiteman v. Chesapeake Appalachia, LLC, affirms the right of a mineral estate lessee to construct impoundments for the disposal of drilling mud, drill cuttings, and...more

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