Anadarko Petroleum Corporation v. Alternative Environmental Solutions Inc. addressed a Master Services Agreement for environmental services. The busy Fifth Circuit decided what law should apply, excused Anadarko for failing to raise issues in a previous suit, partially reversed an attorney’s
Gray Reed & McGraw LLP Blogs
Latest from Gray Reed & McGraw LLP
Federal Court Greenlights Antitrust Conspiracy Claims Against Shale Producers
Co Author: David Pruitt
In re Shale Oil Antitrust Litigation considers whether the nation’s largest shale producers conspired to restrain domestic shale oil production to artificially increase the price of crude oil and its derivative products throughout the United States.
Bo French Does Not Deserve Your Vote For Texas Railroad Commissioner
Our blog doesn’t often opine on politics; it can be bad for business. But the voters’ options for Railroad Commission compel a comment. I’m voting for the Democrat Joe Rosenthal. These opinions are mine alone. I don’t know what my
Deficiency Fees Paid for Pipeline Are a Post-Production Cost
Co-author: David Pruitt
If a Texas operator commits to minimum throughput volumes to secure pipeline capacity and ends up paying “deficiency fees” when production falls short, can it deduct those fees from overriding royalty interest payments as a post-production cost?
New Executive Order on Bulk-Power System Equipment
A new executive order declares a national emergency regarding the foreign supply of bulk-power system electric equipment, expanding on prior efforts under President Trump’s May 1, 2020, Executive Order 13920. For suppliers, distributors and purchasers of commercial generators, transformers, inverters,
When “We’re All Family” Ends in a Corporate Divorce
Co-Author: David Pruitt
Why should related companies lawyer-up to protect themselves when entering a contract to manage an oil and gas property? The question is not rhetorical. Mesquite Energy, Inc. v. Sanchez Oil & Gas Corporation is a cautionary tale
Royalty on Production from Cotenant’s Wells Doesn’t Wait for Payout
Co-Author Gunner West
In Pioneer Nat. Res. USA, Inc. v. Elberta M. Royalty, LLC, a Texas court held that a lease calling for payment of royalty on the “net amount received by Lessee for the sale” of oil and
Consulting Agreements, Overrides, and the Statute of Frauds – What a Mess
Co-author: David Pruitt
Can a consulting agreement convey overriding royalty interests without naming the leases? The Bankruptcy court for the Southern District of Texas tackled that question in In re Barrow Shaver Resources Company, LLC. In summary, the answer
Despite a Long Royalty Clause, Royalty “Free of Cost” Means What it Says
Co-author: David Pruitt
Gringita, Ltd v. Ineos USA Oil and Gas, LLC et al is in a way a typical Texas royalty dispute in which the lessor’s royalty is “free of post-production costs” (PPCs) according to one provision of the
Louisiana Non-Operator Cannot Escape Post-Assignment Liabilities
In Ankor Energy, LLC et al v. Merit Management Partners I, L.P. et al a Louisiana federal district court addressed a situation commonly encountered by assignors of oil and gas operating interests: You’ve given up the cheese. How do you