News & Analysis as of

TX Supreme Court Well Drilling Energy Sector

Oliva Gibbs LLP

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

Oliva Gibbs LLP on

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

Womble Bond Dickinson

Whose Milkshake is Whose?: Pennsylvania Supreme Court Considers Whether the Rule of Capture Applies to Hydraulic Fracturing

Womble Bond Dickinson on

The Rule of Capture has been a foundational concept of oil and gas prospecting for 150 years. The Rule of Capture exists to provide an affirmative defense to drillers when they tap into oil and gas pockets that cross property...more

Blank Rome LLP

Drill on Through to the Other Side: No Trespass When Drilling Through Mineral Estate with Surface Use Agreement

Blank Rome LLP on

Action Item: The Texas Supreme Court annunciated two critical points in Lightning Oil Co. v. Anadarko E&P Onshore: (1) unauthorized interference may be a trespass only when it impacts the mineral lessee’s ability to exercise...more

Gray Reed

Texas Subsurface Trespass Law Clarified

Gray Reed on

We know that in Texas the mineral owner has the right to explore for and produce the minerals. What does that leave for the surface owner? In Lightning Oil Company v. Anadarko E&P Onshore, LLC the Texas Supreme Court tells us...more

Gray Reed

Court Arrives at Fair Market Value of Gas Property

Gray Reed on

In Texas, lost profits can’t be recovered as damages unless proven to a “reasonable certainty”. Question 1: What does that mean? Question 2: Does it matter if the deal is in Bulgaria? Let’s get rid of the...more

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