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Energy & the Law

Fifth Circuit Tells the Oil Patch That a Day Rate is Not a Salary

By Charles Sartain

September 15, 2021

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Co-author Marcus Fettinger Under the Fair Labor Standards Act, what is required for an employee to be exempt from overtime pay? Ordinarily, it’s a guaranteed minimum salary. As the Department of Labor has explained, being paid on a “salary basis” means an employee regularly receives a predetermined amount of compensation each pay period on a weekly, or less frequent, basis. The predetermined salary cannot be reduced because of variations in the quality or quantity of…

Energy & the Law

Who Won and Who Didn’t: The 2021 Texas Legislature and Energy

By Charles Sartain

September 9, 2021

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Most bills filed in each legislative session fail. For the most part we are thankful for that. But today we summarize a few that survived while you weren’t paying attention. As usual, there are winners, losers, and rainouts. HB 2730 beefs up the “Landowners’ Bill of Rights” in eminent domain negotiations and proceedings. It amends the Property Code, Water Code and Occupations Code. The effective date is January 1, 2022. Winner: Landowners. SB 885 gives…

Energy & the Law

Are There Other Ways to Look at the IPCC 6th Assessment?

By Charles Sartain

September 7, 2021

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I prepared this post before Ida. It might now be perceived as cynical, or unsympathetic to the plight of those affected in South Louisiana and the Northeast. Is the intensity of hurricanes exacerbated by global warming? Some say it is; some say it isn’t. Regardless, what to know and do about climate change is not going away. So here we go. If your news about the Intergovernmental Panel on Climate Change comes from…

Energy & the Law

New Mexico Solar Developer Fails to Establish Prescriptive Easement

By Charles Sartain

September 3, 2021

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Co-author David Leonard McFarland Land & Cattle, Inc. v. Caprock Solar I, LLC considered what is the required under New Mexico law to establish a public prescriptive easement, and brings to life the full meaning of “100 feet of bad road”. The facts A state road runs along section lines that divides property owned by McFarland from his neighbor. After a bridge washed out in 1954 the road was rerouted about 100 feet onto McFarland’s…

Energy & the Law

Louisiana Land Damage Claim Can’t Survive Prescription and Subsequent Purchaser Rule

By Charles Sartain

August 27, 2021

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In Lexington Land Development LLC v. Chevron Pipeline Company et al, a Louisiana landowner’s suit for damages to land alleged to have been caused by oil and gas operations failed to survive exceptions of prescription and the subsequent purchaser rule. The facts In 1959 the Hoffman heirs granted a mineral gas lease on 343 acres in East Baton Rouge Parish to Chevron’s predecessor. Shell Pipeline owns and operates a pipeline across the property. Hoffman…

Energy & the Law

Lessor Prevails in Texas Lease Termination Dispute

By Charles Sartain

August 18, 2021

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Lollygag: To fool around and waste time; dawdle. As in, “I lollygagged for 15 years after filing my suit and obtained a less-than-optimal result.” Gramwich Oil and Gas Corporation et al v. Meng addressed claims for lease termination, repudiation, laches, cessation of production, and failure to produce in paying quantities. The facts are dense and the savings clause at issue is sui generis, so I won’t go into lots of detail. The takeaway: If you…

Energy & the Law

Louisiana Coastal Zone Litigation Likely to Remain in Federal Court

By Charles Sartain

August 11, 2021

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In Plaquemines Parish et al. v. Chevron et al., the U. S. Fifth Circuit has ruled on whether 42 suits brought by six parishes and the Louisiana Attorney General against a number of oil companies belongs in federal court or state court. The allegations are that the companies’ operations over the years essentially destroyed the Louisiana coastal marshes. Billions of dollars are at stake. The immediate issue was whether the defendants’ removal was timely.…

Energy & the Law

Is There a Problem With Nuclear Energy?

By Charles Sartain

August 5, 2021

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From the “Not-my-circus-not-my-monkeys” department, after the 10th anniversary of the Fukishima disaster last March my curiosity ventured into the nuclear energy debate. See these observations from those who actually know something about the issue (read the articles themselves for the full story). Opinions vary widely:…

Energy & the Law

Texas Court Addresses Anti-Washout Clause and Rule Against Perpetuities

By Charles Sartain

July 29, 2021

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Co-author Brittany Blakey Yowell v. Granite Op. Co. and Apache Corp. v. Peyton Royalties, L.P. is another Rule Against Perpetuities case. Keep reading. The anti-washout protection for your reserved overriding royalty could be at risk. The court of appeals (on remand from the Supreme Court) determined that a reserved overriding royalty interest in an oil and gas lease may be reformed under section 5.043 of the Texas Property Code to comply with the Rule.…

Energy & the Law

Texas Supreme Court Reverses Subsurface Trespass Judgment

By Charles Sartain

July 26, 2021

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Regency Field Services LLC v. Swift Energy Operating LLC, draws one’s attention to the difficult analyses that should be made before bringing a subsurface trespass claim. A mineral estate lessee (Swift) alleged that H2S (“brimstone” if you follow the Old Testament) injected into the Wilcox formation by an injection well (owned by Regency) migrated and injured its interests in the minerals underlying nearby properties. The issue for the court was when the lessee’s claims accrued.…

Energy & the Law

Blog Authors

Fifth Circuit Tells the Oil Patch That a Day Rate is Not a Salary

Who Won and Who Didn’t: The 2021 Texas Legislature and Energy

Are There Other Ways to Look at the IPCC 6th Assessment?

New Mexico Solar Developer Fails to Establish Prescriptive Easement

Louisiana Land Damage Claim Can’t Survive Prescription and Subsequent Purchaser Rule

Lessor Prevails in Texas Lease Termination Dispute

Louisiana Coastal Zone Litigation Likely to Remain in Federal Court

Is There a Problem With Nuclear Energy?

Texas Court Addresses Anti-Washout Clause and Rule Against Perpetuities

Texas Supreme Court Reverses Subsurface Trespass Judgment

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