A new lawsuit filed in Crane County, Texas claims that operators have over injected produced water causing contamination on a West Texas ranch. See Billy Wayne Meister Jr. v. Blackbeard Operating, LLC et al., Cause No. 25-052-DCCV-00098, in the 109th Judicial District of Crane County, Texas. According to the petition, injection wells on and around
In this episode of “Energy Law This Week,” hosts Matt Jones and April L. Rolen-Ogden discuss the Texas Railroad Commission with Kelli Kenney, who is deeply immersed in the legal practice involving that agency. The Texas Railroad Commission is the earliest dedicated agency to regulate oil and gas, and it has been
On June 27, 2025, the Texas Supreme Court issued yet another landmark decision: Cactus Water Services, LLC v. COG Operating, LLC. Justice Devine delivered the opinion of the Court, holding that produced water is oil-and-gas waste, and, therefore, it belongs to the hydrocarbon lessee (i.e., the operator who is legally obligated to dispose of
On May 23, 2025, the Texas Supreme Court issued a long-awaited opinion in Cromwell v. Anadarko E&P Onshore, LLC, in which it held that two habendum clauses written in the passive voice did not specifically require production by the lessee, but instead could be perpetuated by production from anyone on the leased premises.
Continue Reading Not All Lessees Must Produce, According to New Texas Supreme Court Opinion Rejecting Washout
On May 9, 2025, the Texas Supreme Court issued a per curiam opinion in Roxo Energy Co., LLC v. Baxsto, LLC, — S.W.3d —, No. 23-0564, 2025 WL 1349581 (Tex. May 9, 2025), in which it held that a lessee was entitled to judgment as a matter of law on a lessor’s claims for fraud, fraudulent inducement, statutory fraud, and fraud by non-disclosure, all arising from the lessee’s alleged oral representations that were inconsistent with the parties’ written contracts.
Continue Reading Red Flags Negate Fraud Claims in Recent Texas Supreme Court Opinion
The Texas Supreme Court, in Myers-Woodward, LLC v. Undergrounds Services Markham, LLC, — S.W.3d —, No. 22-0878, 2025 WL 1415892 (Tex. May 16, 2025), held that surface owners own subsurface salt caverns, even when such caverns are created by mineral owners.
Continue Reading Ownership of Underground Storage Space Under Texas Law Resolved by Texas Supreme Court Decision
A new U.S. Geological Survey report has revealed significant untapped natural gas and oil resources across the Gulf Coast region, estimating 35.8 trillion cubic feet of natural gas and 28 million barrels of oil within the Hosston and Travis Peak Formations.
Continue Reading New USGS Report Highlights Major Gas Potential in Louisiana and Texas, Gulf Coast Region
When an operator mistakenly overpays a royalty owner, it can recoup the overpayment from future royalties. While this is a common industry practice, the doctrine of equitable recoupment is seldom discussed in detail by Texas courts.
Continue Reading Fifth Circuit Provides Rare Overview of the Doctrine of Equitable Recoupment
On January 20, 2025, President Trump issued the “Unleashing American Energy” Executive Order (“EO”) with the stated purpose of ensuring an abundant supply of affordable and reliable energy in the United States.
Continue Reading NEPA Changes Slated Under President Trump’s Unleashing American Energy Executive Order
This week EPA released the newest version of its environmental justice (EJ) screening and mapping tool, EJScreen 2.3. EJScreen is a mapping tool that combines environmental and socioeconomic data and is used to screen for potentially overburdened communities that may be affected by federal government programs and activities.
Continue Reading EPA Releases New Version of EJScreen