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Determining The Legal Ramifications Of Express Oil And Gas Lease Provisions: Do The Rules Of Document Interpretation Provide Predictability?, Laura H. Burney
Determining The Legal Ramifications Of Express Oil And Gas Lease Provisions: Do The Rules Of Document Interpretation Provide Predictability?, Laura H. Burney
Faculty CLE
The oil and gas lease has served as the basic contract for the petroleum industry since 1853. Throughout the decades, the “typical” oil and gas lease clauses have been developed and revised in response to judicial decisions. To provide an update on the evolution of today’s oil and gas lease, it is necessary to review selected court decisions construing lease clauses.
Theoretically, the rules of document interpretation should provide a reliable guide when courts are asked to determine the legal ramifications of express lease provisions. However, review of relevant cases, including recent decisions and older cases providing unique lessons about …
Hydraulic Fracturing: Stimulating Your Well Or Trespassing?, Laura H. Burney
Hydraulic Fracturing: Stimulating Your Well Or Trespassing?, Laura H. Burney
Faculty CLE
Many courts may determine hydraulic fracturing to be an impermissible trespass. Hydraulic fracturing is a common method used to increase production from oil and gas wells. However, the extent of wellbore fractures can only be determined by theoretical calculations. This reality affects the application of the legal doctrines of the rule of capture, common law trespass, and implied covenants in the oil and gas lease. When these controversies reach the court, a traditional policy conflict is also at play: whether to protect property rights or to encourage oil and gas production.
Without express legislative endorsement of fracturing as promoting valuable …