Posts Categorized: Case Law Update

From 2012 to 2015, Solvay Chemicals, Inc. (Solvay) fueled its soda ash processing plant in part with waste mine gas (WMG) released from its trona mining operations. The Wyoming Department of Revenue (DOR) and the Wyoming Department of Audit (DOA) audited Solvays WMG production and found the fair market value of the WMG used by… Read more »

The Fifth Circuit was recently tasked with interpreting provisions of the Bankruptcy Code after an oil and gas company filed for bankruptcy prior to becoming solvent again during the proceedings. Ultra Petroleum Corp. first proposed a plan to pay all of the outstanding principal, together with accrued interest incurred prior to the proceedings; Ultra’s creditors… Read more »

Appellant Xylem. a manufacturer and seller of large-capacity water pumps. hired Field in 2012 to develop hardware to interface w:ith pumps and computer software. A Non-Disclosure Agreement was signed in 20113 pertaining to the disclosure and protection of confidential information. This 2013 contract required he parties to settle any disputes arising out of “this Agreement”… Read more »

This suit was brought out of an assignment of a Surface Use Agreement {SUA) from WPX Energy Rocky Mountain, LLC {WPX RM) to Moriah Powder River, LLC {Moriah). As the SUA included “consent to assign” language, WPX RM sent Appellee Record TJ Ranch Limited Partnership (TJ Ranch), the surface rights owner under the SUA, a… Read more »

A week after the Texas Supreme Court’s decision in Energen Resources Corp. v. Wallace, the Court addressed another Chapter 95 case. This case involved a lineman who was severely injured after working on power lines owned by Sand Ridge. The lineman argued that Sand Ridge was liable under Chapter 95 because they exercised control over… Read more »

In 1986, Lola Robinson owned the water rights appurtenant to a 1,086-acre farm pursuant to two separate permits issued by the Texas Commission on Environmental Quality (TCEQ). In 1990, the two permits were replaced with a single permit, which also included an additional 250-acre tract owned by Ms. Robinson. The 1,086-acre tract was subsequently sold… Read more »

In 2015 Kingfisher Wind, LLC (Kingfisher Wind) began construction of a wind farm that was split between Kingfisher and Canadian Counties in Oklahoma (the “Counties”). This case concerns the discrepancy in value placed on the property by the Kingfisher and Canadian County Tax Assessors, and Kingfisher Wind, as Kingfisher Wind valued their property at almost… Read more »

After determining that the use of drones for newsgathering photography was subject to First Amendment protection, the court discussed what level of scrutiny should apply to its analysis. A law is subject to the strictest scrutiny if it is content-based, speaker-based, and/or purpose-based. Under the Surveillance Provisions, the content of the images (public vs. private)… Read more »

Sections 423.002-.004 and 423.006 of the Texas Government Code (the “Surveillance Provisions”) impose both civil and criminal penalties for using drones to capture images of individuals and private property “for use in surveillance.” Sections 423.0045 and 423.0046 of the Texas Government Code (the “No-Fly Provisions”) impose criminal penalties for flying drones over critical infrastructure facilities,… Read more »

In 2015 Kingfisher Wind, LLC (Kingfisher Wind) began construction of a wind farm that was split between Kingfisher and Canadian Counties in Oklahoma (the “Counties”). This case concerns the discrepancy in value placed on the property by the Kingfisher and Canadian County Tax Assessors, and Kingfisher Wind, as Kingfisher Wind valued their property at almost… Read more »