Insight and Analysis of Legal Issues Impacting the Energy Industry
By Dana Douglas
The Louisiana First Circuit Court of Appeal recently held that an operator is not responsible for payment of a non-operator’s royalties and overriding royalties before payout. In Gulf Explorer, LLC v. Clayton WIlliams Energy Inc., 2007 WL 1651090 (La. App. 1st Cir. 6/8/07), the operator completed a well that was plugged and…
On June 27, 2007, the Minerals Management Service (MMS) issued its notice advising the public of its intention to prepare an Environmental Assessment (EA) for proposed OCS Lease Sale 206, which is the Central Gulf of Mexico lease sale to be held in March 2008. Notably, the EA will not include approximately 5.8 million acres…
By Robert E. Holden and Monica Derbes Gibson
The Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers have released long-awaited guidance addressing jurisdictional determinations under the Clean Water Act (CWA) in the wake of Rapanos v. United States, 126 S. Ct. 2208 (2006). There is general agreement that Rapanos limited …
By Collette Ross
The Louisiana legislature has amended Louisiana Revised Statute § 44:104(E) to allow a notice of a mineral lease to be recorded for public records purposes instead of the full lease. Filing a memorandum or extract of a mineral lease was formerly permitted by Louisiana Revised Statute § 9:2721.1, but that section was …
The Eastern District of Louisiana recently held that insurance claims for damage to a Gulf of Mexico production facility will not support federal court jurisdiction under the Outer Continental Shelf Lands Act. Accordingly, the district court remanded the case of LLOG Exploration Co. v. Certain Underwriters at Lloyd’s, 2007 WL 854307 (E.D. La. 3/16/07), to…
In preparation for hurricane season, which began on June 1, the Minerals Management Service has established a web site that brings together extensive hurricane-related information and resources. The web site is designed to describe and explain improvements instituted since Hurricane Season 2005, when Hurricanes Katrina and Rita cut a destructive path through the Gulf of …
MMS has announced proposed amendments to its deep gas royalty relief regulations under the Energy Policy Act of 2005. The proposed rule, “Royalty Relief – Ultra-Deep Gas Wells on Outer Continental Shelf (OCS) Oil and Gas Leases; Extension of Royalty Relief Provisions to OCS Leases Offshore of Alaska, 1010–AD33,” would extend …
MMS has issued a proposed notice scheduling Central Gulf of Mexico Lease Sale 205 for October 3, 2007. This will be the first sale in the newly configured Central Gulf of Mexico Planning Area, and is the first Central GOM sale to be held in MMS’ 2007 – 2012 Outer Continental …
By Anna Knull:
In Hamilton v. Morris Resources, Ltd., the San Antonio Court of Appeals affirmed a decision in favor of holders of oil and gas deeds executed in the 1920s and 1930s over the claims of lessor, holding that, based on the four corners of the conveyances in question, the original deed holders…
By Marie Carlisle:
Boldrick v. BTA Oil Producers, No. 11-06-00029-CV, 2007 WL 865811 (Tex. App.—Eastland March 22, 2007).
The Eleventh Court of Appeals of Texas recently affirmed a District Court ruling granting summary judgment to BTA Oil Producers (BTA) on the basis that that the joint operating agreement (JOA), which governed the assignment of…
