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Full-Text Articles in Oil, Gas, and Mineral Law
2019–2020 Colorado Oil And Gas Law Update, William D. Farrar
2019–2020 Colorado Oil And Gas Law Update, William D. Farrar
Texas A&M Journal of Property Law
Colorado courts and the state’s legislature were quite active in 2019 and 2020 on the oil and gas administrative law front. Namely, the Colorado General Assembly enacted changes to the Colorado Oil & Gas Conservation Act in response to the Colorado Supreme Court’s decision in Colorado Oil & Gas Conservation Commission v. Martinez. While the Martinez case was not principally a substantive oil and gas case, the resulting fallout from the Colorado Supreme Court’s decision made sweeping changes to the state’s statutory laws. The decision will also result in major administrative law changes affecting the Colorado oil & gas …
Louisiana, Keith B. Hall
Louisiana, Keith B. Hall
Texas A&M Journal of Property Law
This article examines significant developments in Louisiana oil and gas law during 2021, beginning with developments arising from court cases, then legislation, and finally regulations.
Texas: Survey Of Selected 2021 Oil And Gas Cases And Statutes, William D. Farrar
Texas: Survey Of Selected 2021 Oil And Gas Cases And Statutes, William D. Farrar
Texas A&M Journal of Property Law
The Texas Supreme Court was quite active in 2021, issuing several oil and gas opinions; however, two were quite controversial, drawing numerous amicus curie from industry groups, oil and gas attorneys, and academia. In Concho Resources, Inc. v Ellison, the court held that a subsequently executed, inconsistent instrument, even without words of grant, may divest a record mineral title. And, in Broadway National Bank v. Yates Energy Corp., the court held that prior title holders may divest a current record title holder of their title by executing a correction deed without the joinder of, or notice to, the …
Alabama, Florida, Georgia, And Tennessee, Brandt P. Hill, Hugh Gainer
Alabama, Florida, Georgia, And Tennessee, Brandt P. Hill, Hugh Gainer
Texas A&M Journal of Property Law
There were no decisions by federal or state courts in Alabama, Florida, Georgia, or Tennessee between fall 2020 and fall 2021 directly relevant to oil and gas companies or operations. However, there were several decisions that may nonetheless be of interest to the industry, including two opinions by the United States Supreme Court in water-rights cases. We discuss these opinions below.
Northern Rocky Mountain Region: Montana, Wyoming, And Idaho, Stephen R. Brown
Northern Rocky Mountain Region: Montana, Wyoming, And Idaho, Stephen R. Brown
Texas A&M Journal of Property Law
This Article examines significant developments in oil and gas law for the Northern Rocky Mountain Region, including Montana, Wyoming, and Idaho.
Appalachian Basin–Pennsylvania, West Virginia, And Ohio–Oil And Gas Law Developments, Ross H. Pifer, Chloe J. Marie
Appalachian Basin–Pennsylvania, West Virginia, And Ohio–Oil And Gas Law Developments, Ross H. Pifer, Chloe J. Marie
Texas A&M Journal of Property Law
This article addresses oil and gas case law developments that have occurred within the Appalachian Basin’s primary oil and gas producing states of Pennsylvania, West Virginia, and Ohio during 2021 by reviewing opinions issued by the highest appellate courts within each of these three states. The oil and gas law topics addressed by these state supreme courts during 2021 have ranged from those occurring upstream, such as leasing, to those occurring downstream, such as approval of a utility rate increase for the extension of a natural gas pipeline.
New Mexico, Sharon T. Shaheen
New Mexico, Sharon T. Shaheen
Texas A&M Journal of Property Law
This Article examines significant developments in New Mexico oil and gas law.
Perspective On Wildgrass Oil & Gas Committee V. Colorado Oil & Gas Conservation Commission And The Embracing Of Associated Standing, Ralph A. Cantafio, Miles C. Nowak, Cody J. Watson
Perspective On Wildgrass Oil & Gas Committee V. Colorado Oil & Gas Conservation Commission And The Embracing Of Associated Standing, Ralph A. Cantafio, Miles C. Nowak, Cody J. Watson
Texas A&M Journal of Property Law
The ongoing litigations between the Wildgrass Oil & Gas Committee (“Wildgrass”) and, among others, the Colorado Oil & Gas Conservation Commission (“COGCC”) serve as a microcosm of the political and legal horizons that define the microscope used to examine Colorado oil and gas development. This set of litigations began administratively with the application for permits before the COGCC and, over the passage of time, weaved its way through the District Court of the City and County of Denver (the “State District Court”), the United States District Court for the District of Colorado (the “Federal District Court”), the Colorado Court of …
California, Joshua L. Baker, Ryan Mahoney
California, Joshua L. Baker, Ryan Mahoney
Texas A&M Journal of Property Law
Oil and gas output in California has declined as the industry faces increasing regulatory and market headwinds. However, California remains a major oil and gas producing jurisdiction at the present. California is the seventh-largest producer of crude oil in the United States and contains the fifth-largest crude oil reserves.
Montana, Stephen R. Brown
Montana, Stephen R. Brown
Texas A&M Journal of Property Law
In 2019, Montana produced nearly twenty-three million barrels of crude oil, up slightly from its 2018 production, and 48.5 million cubic feet of natural gas. Through mid-2020, both crude oil and natural gas production declined by more than 25% when compared to the same period in 2012.
Alabama, Brandt Hill, Ted Holt
Alabama, Brandt Hill, Ted Holt
Texas A&M Journal of Property Law
Between October 2019 and September 2020, there were no noteworthy appellate decisions interpreting Alabama law directly relevant to oil and gas companies or operations. Similarly, there are no statutory amendments or administrative decisions impacting oil and gas companies operating in the state. However, the Alabama Supreme Court and the Eleventh Circuit Court of Appeals each issued an opinion addressing jurisdiction and procedural issues that are relevant to operators in Alabama. We discuss those opinions below.
Oklahoma, Mark D. Christiansen
Oklahoma, Mark D. Christiansen
Texas A&M Journal of Property Law
The case of White Star Petroleum, LLC v. MUFG Union Bank, N.A. presented two questions of state law certified to the Oklahoma Supreme Court by the United States Bankruptcy Court for the Western District of Oklahoma: (1) Are the “trust funds” create[d] by Title 42 O.S. § 144.2, entitled “Creation and Appropriation of Trust Funds for Payment of Lienable Claims,” limited to obligations due nonoperator joint working interest owners, or do such funds include payments due [to] holders of mechanic’s and materialmen’s liens arising under and perfected by Title 42 O.S. § 144? (2) Does the Oil and Gas Owners’ …
California Community Choice Aggregation Law & Regulation, Ryan M. F. Baron, Glen Price, Benjamin Bodell
California Community Choice Aggregation Law & Regulation, Ryan M. F. Baron, Glen Price, Benjamin Bodell
Texas A&M Journal of Property Law
The purpose of this special topic is to provide a summary of the laws and regulations associated with the development of Community Choice Aggregation (“CCA”) in California and the growing impact of CCA in the California energy market.
Arkansas, John Peiserich
Arkansas, John Peiserich
Texas A&M Journal of Property Law
Does the government have the authority to alter the terms of an agreement between private parties that it deems unfair? At first pass, most Americans would agree that it does not. Of course, exceptions apply. American courts exercise the right to break up monopolies, enforce a minimum wage, and invalidate contracts that they deem unconscionable.
Ohio, Gregory W. Watts, Matthew W. Onest
Ohio, Gregory W. Watts, Matthew W. Onest
Texas A&M Journal of Property Law
Ohio courts continue applying the Ohio Marketable Title Act to severed oil and gas rights.1 As with many statutes, there are generally two questions that must be answered: (1) does the particular statute apply to the particular facts of the case and (2) if the statute applies in the first instance, how does a court apply the statute to the particular facts of the case? Both questions about Ohio’s Marketable Title Act and severed mineral interests were further examined and explored in 2020.
West Virginia, Michael K. Reer, Valerie Antonette
West Virginia, Michael K. Reer, Valerie Antonette
Texas A&M Journal of Property Law
West Virginia is one of the most prolific energy-producing states in the country. According to the U.S. Energy Information Administration, West Virginia ranked seventh among states in production of natural gas in 2018, contributing 1.8 trillion cubic feet. Further, the consistency in permit application appears to support the proposition that West Virginia operators will continue producing significant volumes well in the future. The West Virginia Department of Environmental Protection (“WVDEP”) issued 582 horizontal well permits in 2015, 223 in 2016, 509 in 2017, 433 in 2018, and 467 in 2019.
Wyoming, Jeffrey S. Pope, Deanna Sami Falzone
Wyoming, Jeffrey S. Pope, Deanna Sami Falzone
Texas A&M Journal of Property Law
In 2019, Wyoming ranked eighth nationally in both crude oil and natural gas production. Sales of crude oil production totaled 101.8 million barrels, up 16% from 2018, while natural gas production totaled 1.456 trillion cubic feet, which was down 8.52% from 2018.1 However, as of August 1, 2020, Wyoming had zero oil and natural rigs in operation for the first time since 1884.
Federal Legal And Regulatory Developments Relating To The U.S. Pipeline Industry, Chloe J. Marie, Ross Pifer
Federal Legal And Regulatory Developments Relating To The U.S. Pipeline Industry, Chloe J. Marie, Ross Pifer
Texas A&M Journal of Property Law
The Atlantic Coast Pipeline (“ACP”) was designed as a 600-mile underground, pipeline project transporting natural gas from well sites in West Virginia to end users throughout Virginia and North Carolina. Atlantic Coast Pipeline, LLC (“Atlantic Coast”), the developer of the ACP project, began the extensive process of obtaining the necessary regulatory approvals for this project by initiating a pre-filing process with the Federal Energy Regulatory Commission (“FERC”) in October 2014. In the nearly six years that followed, the project received various permits related to water and air quality as well as other matters from state and federal agencies. At nearly …
Alaska, George R. Lyle, Adam D. Harki, Traci N. Bunkers
Alaska, George R. Lyle, Adam D. Harki, Traci N. Bunkers
Texas A&M Journal of Property Law
The Alaska State Legislature was scheduled to convene its Second Regular Session of the Thirty-First Legislative Session from January 21, 2020, through May 20, 2020. However, on March 29, 2020, the Alaska State Legislature, like other state legislatures, suspended its session effective immediately, in response to the coronavirus pandemic (“COVID-19”). While the suspension was initially continued through May 18, 2020, the Alaska Legislature formally adjourned on May 20, 2020. Given the adjournment, the legislature did not pass any substantive oil and gas legislation.
Lousiana, Keith B. Hall
Lousiana, Keith B. Hall
Texas A&M Journal of Property Law
Act No. 227 of the 2020 Regular Session of the Louisiana Legislature amends Louisiana Mineral Code article 212.21 (also known as Louisiana Revised Statutes 31:212.21). In particular, Act No. 227 amends article 212.21 to clarify that the article does not apply to claims brought by unleased owners—that is, landowners2 or mineral servitude3 owners whose mineral interests are not under lease.
Michigan Oil And Gas Update, William A. Horn, Joshua D. Beard
Michigan Oil And Gas Update, William A. Horn, Joshua D. Beard
Texas A&M Journal of Property Law
On March 23, 2020, the Michigan Court of Claims issued its opinion in Mannes v. Michigan Dep’t of Treasury. This case considered the meaning of the phrase “expenses of producing oil and gas” as such expenses relate to “taxable income” under the Michigan Income Tax Act of 1967.
Virginia, Daniel B. Kostrub
Virginia, Daniel B. Kostrub
Texas A&M Journal of Property Law
This Article addresses developments in Virginia oil and gas law for the period from September 1, 2019, to September 1, 2020. During this period, the Supreme Court of the United States heard the Atlantic Coast Pipeline case, providing a significant ruling that allowed the pipeline to cross underneath the Appalachian trail. Additionally, Judge Chadwick S. Dotson of the Circuit Court of Wise County and the City of Norton issued an opinion regarding the mining of uranium in the Commonwealth.
Don't Mess With Texas Solar: Pv Growth Continues Despite Covid-19, Matthew A. Arth
Don't Mess With Texas Solar: Pv Growth Continues Despite Covid-19, Matthew A. Arth
Texas A&M Journal of Property Law
2020 was the year of the unexpected, but one constant in the energy industry remained the exponential growth of solar generation in Texas, which largely continued its expansion as predicted. Electric Reliability Council of Texas’s (“ERCOT”) 2019 State of the Grid Report noted that installed solar generation capacity in ERCOT stood at 2,281 megawatts (MW) at year-end 2019, with over 67,000 MW of further solar capacity under study, exceeding even the amount of wind generation capacity under study. By July 2020, installed capacity of solar generation increased by almost 1 gigawatt (GW) to a total of 3,275 MW, representing approximately …
Pennsylvania, Michael K. Reer, Valerie Antonette
Pennsylvania, Michael K. Reer, Valerie Antonette
Texas A&M Journal of Property Law
According to the U.S. Energy Information Administration, Pennsylvania ranked second among states in production of natural gas in 2018, contributing nearly seven trillion cubic feet. Although the number of unconventional permit applications received by the Pennsylvania Department of Environmental Protection (“PADEP”) remains relatively robust, the number of unconventional well applications continues to decline from the peak of 3,182 received in 2014.3 In 2019, PADEP received 1,475 unconventional permit applications, as compared to 1,868 in 2018 and 2,028 in 2017.
Oklahoma Renewable Energy Policy Encounters A Covid Roadblock: 2019-2020, Warigia M. Bowman, Debbie Firestone
Oklahoma Renewable Energy Policy Encounters A Covid Roadblock: 2019-2020, Warigia M. Bowman, Debbie Firestone
Texas A&M Journal of Property Law
On the road to energy security, independence, and success, this past year Oklahoma has seen “construction” projects in the works. Renewable energy, however, hit a major roadblock in the form of the COVID-19 pandemic. Historically, Oklahoma produced most of its electricity through coal and natural gas. In the past decade, renewable sources like wind and solar energy represent a growing segment of electricity generation in the state. In 2019 and 2020, Oklahoma developed a stronger renewable energy policy by enacting legislation, passing administrative decisions, and passing local city ordinances.
Solving The Interconnection Problem, Ralph A. Cantafio, Miles C. Nowak
Solving The Interconnection Problem, Ralph A. Cantafio, Miles C. Nowak
Texas A&M Journal of Property Law
The distinct three energy grids as such exist in the United States (the Western Interconnection, the Eastern Interconnection, and the Texas Interconnection or ERCOT) unnecessarily constrain the United States in addressing its future energy needs, as electricity flow between the three grids is very limited. As our country’s reliance on traditional nonrenewable energy sources like coal continue to decline and the reliance on renewable energy sources continues to grow, the United States should focus on replacing the existing three-grid system with a national energy grid that will benefit energy companies and consumers, as well as serve our future energy needs. …
New Mexico, Sharon T. Shaheen
New Mexico, Sharon T. Shaheen
Texas A&M Journal of Property Law
The New Mexico appellate courts issued no opinions relating to oil and gas in the past year.
Givens V. Mountain Valley Pipeline, Llc And The Unresolved Circuit Split, Karen Alday
Givens V. Mountain Valley Pipeline, Llc And The Unresolved Circuit Split, Karen Alday
Texas A&M Journal of Property Law
The natural gas industry is central to the United States economy. However, due to vague regulations and judicial leniency, natural gas pipeline companies have almost zero restraint in exercising eminent domain. Their current operations mirror that of the federal government’s authority to exercise immediate possession. Recently, landowners have contested the pipeline industry’s authority to exercise eminent domain, which has developed into a circuit split. The Fourth Circuit, and the six other circuits that have followed suit, hold that pipeline companies have the substantive right to immediate entry and are entitled to a preliminary injunction before a trial on just compensation. …
Survey Of Selected 2019 Texas Oil And Gas Cases And Statutes, William D. Farrar
Survey Of Selected 2019 Texas Oil And Gas Cases And Statutes, William D. Farrar
Texas A&M Journal of Property Law
Texas courts and the legislature were quite active in 2019 concerning oil and gas issues. Texas courts decided many cases involving everything from deed interpretation to lease repudiation to farmout interpretation. The Texas Supreme Court has granted several petitions for review from the courts of appeal. The legislature enacted or amended statutes concerning so called “royalty leases,” the Mineral Interest Pooling Act, and others. The following are summaries of some selected cases and statutes that will be of interest to those involved with Texas oil and gas law.
Pennsylvania--Recent Developments In Pennsylvania Jurisprudence Related To Oil And Gas Leasing And Conveyancing, Ross Pifer
Texas A&M Journal of Property Law
Pennsylvania is the largest producer of shale gas in the United States and is the second-largest natural gas-producing state overall. Owing to its strategic location atop the Marcellus and Utica Shale Formations, Pennsylvania’s position as a major natural gas producer is relatively new. Just a little over a decade ago, Pennsylvania ranked sixteenth among states in total natural gas production. With this rapid rise in the amount of natural gas development, there has been a corresponding increase in activity in courtrooms across Pennsylvania—both in state and federal courts. As a result, Pennsylvania oil and gas law has evolved within a …