Insight and Analysis of Legal Issues Impacting the Energy Industry
By Natalie Barletta
In Retamco Operating, Inc. v. Republic Drilling Co., the Texas Supreme Court holds that Republic Drilling, a California company, established minimum contacts with Texas by acting as the transferee of certain oil and gas interests. Retamco Operating sued Paradigm Oil in a Texas district court over unpaid oil and gas royalties.
By Kevin Connolly
On an issue of apparent national first impression, the Houston Court of Appeals, in XTO Energy Inc. v. Smith Production Inc., 14-07-0069-CV, 2009 WL 442003 at *1 (Tex. App.—Houston [14th] 2009, no pet. h.), held that once a party to a Joint Operating Agreement (“JOA”) timely and properly provides notice to a…
By Jessica Gladney
In Broussard v. Hilcorp Energy Corp., 08-233, 2008 WL 5158887 (La. App. 3 Cir. 12/10/08) the plainiffs owned five separate and incongruous tracts of land located in three sections in Vermilion Parish, Louisiana. Mineral, surface, and subsurface leases on the various properties have been granted to seven separate entities for oil…
Shreveport and Bossier City as well as Caddo and Bossier parishes have been working on a comprehensive set of ordinances to give local governments leverage in controlling drilling in the Haynesville Shale natural gas field. Most of this oversight now lies with the state. Attorneys have been working on the proposed drafts since November and…
The American Recovery & Reinvestment Act of 2009, signed into law yesterday by President Obama, includes several key provisions for the energy industry including $20 billion in tax incentives and $30 billion in spending for certain renewable energy plans. For more information regarding specific energy related provisions and incetives in the stimulus package, including energy…
By Sarah Steward-Lindsey
In Flint Hill Resources, LP v. JAG Energy, Inc., No. 08-20152, ___ F.3d ___, 2009 WL 336129 (5th Cir. Feb. 12, 2009), a panel of the United State Court of Appeals for the Fifth Circuit heard an action arising from a contract to supply natural gas condensate in south Texas. Flint Hills…
On February 10, 2009, United States Secretary of the Interior Ken Salazar detailed a four-part strategy to establish a comprehensive offshore energy plan. First, Salazar extended the public comment period on President Bush’s OCS plan by an additional 180 days. He explained the extension was necessary to “restore order to a broken process.” Second, Salazar…
A unanimous panel of the United States Court of Appeals for the Fifth Circuit has held that the United States Department of the Interior violated the Outer Continental Shelf Deep Water Royalty Relief Act (“RRA”) by imposing price threshold conditions that require federal lessees to pay royalties when commodity prices rise. Kerr-McGee Oil & …
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by April Rolen-Ogden
This case involved a suit by an unleased landowner against an oil and gas unit operator seeking unpaid production proceeds. The landowner owned a portion of a small tract of property, which was included in an oil and gas production unit that was apparently being operated by the defendant, Cedyco. The trial court awarded…
