News & Analysis as of

Texas Oil & Gas Energy Sector

Oliva Gibbs LLP

Muscled Out While “Muscling In”: The Role of Actual Drainage in MIPA

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In Ammonite Oil & Gas Corp. v. R.R. Comm’n of Tex., the Texas Supreme Court held that the Railroad Commission (the “RRC”) did not abuse its discretion in denying a “muscle in” application under the Texas Mineral Interest...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

Pillsbury Winthrop Shaw Pittman LLP

Overview of the Impact of the 88th Legislative Session on the Oil, Gas and Renewables Industries in Texas

The 88th regular session of the Texas Legislature saw an unusually high number of proposed bills with a stated focus of ensuring reliability of the Texas grid and favoring “dispatchable generation” (having output within human...more

McDermott Will & Emery

Reasonably Prudent Operator or Good and Workmanlike Manner: Does Your Contract Have the Right Standard of Care?

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The standard of care is an important provision in any operating, management or services agreement because it sets forth the expectations of the parties as to how the contract should be carried out. It also functions as the...more

BakerHostetler

Fifth Circuit Rules Texas Choice-of-Law Provision Cannot Save Indemnity Agreement from Wyoming Anti-Indemnity Act

BakerHostetler on

Throughout the oil patch, it has become common for parties to enter into agreements that contain Texas choice-of law-provisions, regardless of where the work is being performed or the extent of the parties’ sometimes tenuous...more

BakerHostetler

Your ‘Knock-for-Knock' Indemnity Agreement May Not Limit Exposure in Texas as Intended

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When parties contractually agree to support their mutual indemnity obligations with a "minimum" amount of insurance, their indemnity obligations may not be limited to the "minimum" amount stated in the contract. Throughout...more

Husch Blackwell LLP

A Legislative Session In Review: Taking A Look At Key Energy Bills That Did (And Did Not) Pass During The 87th Regular Session

Husch Blackwell LLP on

After Winter Storm Uri devastated the ERCOT grid, calls for industry reform rang out across the state of Texas. For the past few months, public hearings and floor debates have considered wide-ranging proposals to harden the...more

Akin Gump Strauss Hauer & Feld LLP

State and Industry Leaders Highlight Clout and Environmental Stewardship at Virtual Texas Energy Day

During the 2021 Texas Energy Day, hosted by Todd Staples of the Texas Oil and Gas Association at the Texas state capitol, event speakers aimed to strengthen support for the oil and gas industry and impart a message of...more

Husch Blackwell LLP

Mineral Owner vs. Solar Company: New Texas Case Addresses Key Issue

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A recent Texas case, Lyle v. Midway Solar, S.W. 3d, 2020 WL 7769632 (Tex. App. Ct., El Paso 83rd Dist. 2020), addressed a challenge that many solar developers wrestle with: how to handle minerals owners. The El Paso Court of...more

Vinson & Elkins LLP

In re Chesapeake Energy Corporation And In re Extraction Oil & Gas, Inc.: New Rulings Against Midstream Gatherers Further Dividing...

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It is common for E&P companies in chapter 11 to seek to reject burdensome midstream contracts under Bankruptcy Code § 365. Rejection has not been permitted by bankruptcy courts where such agreements create enforceable...more

Flaster Greenberg PC

Marcellus Shale Update: A 2020 Voters Guide To Energy Policies On The Ballot Nationwide

Flaster Greenberg PC on

...Every two years at election time, I publish a guide to the most interesting and important races around the country affecting energy. In 2020, however, energy, along with the coronavirus, is the election. Originally...more

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