Posts Categorized: Case Law Update

Pennsylvania Oil and Gas Lease Act PA ST 58 P.S. § 33.2 On November 3, 2022, Pennsylvania approved revisions of the Oil and Gas Lease Act provisions on required disclosures accompanying payments made to royalty owners from unconventional oil and gas wells. Unconventional oil and gas operators must now provide production and sales information on… Read more »

Van Dyke v. Navigator Group Texas Supreme Court Cause No. 21-0146 In 1924, George H. Mulkey and Frances E. Mulkey conveyed their ranch and its underlying mineral estate to G. R. White and G. W. Tom, reserving “1/2 of 1/8” of all minerals and mineral rights. At issue in this case – with the division… Read more »

Dellit v. Schleder DA 21-0631 (2022 MT 196) Leonard Schleder and his sister, Irene Messer, both owned fractional interests in the surface and mineral estates of three tracts of land. By Warranty Deed, Leonard conveyed all interest in said land to Irene and her husband, subject to a reservation of “an undivided two-thirds of all… Read more »

Brown v. Cont’l Res., Inc. 58 F.4th 1023 (8th Cir. 2023) This Eighth Circuit case originated in South Dakota between a well operator, Continental Resources, Inc. (“Continental”), and two landowners (“the Browns”). In 2010, Continental drilled an oil production well on the Browns’ land, subject to drilling and pipeline agreements with the Browns. Continental later… Read more »

Apache Corp. v. Apollo Expl., L.L.C. No. 21-0587, 66 Tex. Sup. Ct. J. 744, (2023 Tex.) (Apr. 2023) This Texas Supreme Court case involves a dispute concerning the termination date of a particular oil and gas lease included in Purchase Sale Agreements (“PSAs”) between Apache Corporation, as buyer, and Apollo Exploration, L.L.C., et al. as… Read more »

Devon Energy Prod. Co., L.P. v. Sheppard 643 S.W.3d. (Tex. App. 2020), aff’d, (Tex. Mar. 10, 2023) This Texas Supreme Court case involved a royalty calculation dispute between landowners and producers in the Eagle Ford Shale. The parties agree that the landowners’ royalty is free of costs and expenses between the wellhead and the point… Read more »

Helix Energy Sols. Grp., Inc. v. Hewitt 142 S. Ct. 2674 (2022) The United States Supreme Court has clarified that even highly compensated employees qualify for overtime pay if they charge a daily rate rather than a fixed salary. In this case, an offshore oil rig employee, Michael Hewitt, filed suit to collect overtime pay… Read more »

Antero Res. Corp. v. Airport Land Partners, Ltd. 2023 CO 13 In this case, the Colorado Supreme Court analyzed the meaning of a “bona fide dispute over the interpretation of a contract.” After a dispute arose between Antero Resources Corporation (“Antero”) and royalty owners alleging underpaid royalties in violation of their lease contracts, the court considered whether the Colorado Oil… Read more »

Point Energy Partners Permian, LLC, et.al., v. MRC Permian Company 2023 WL 3028100, (Tex. Apr. 21, 2023) MRC Permian Company (“MRC”) was granted an oil and gas lease with a primary term expiring on February 28, 2017. MRC spudded a new well on November 22, 2016, which temporarily suspended the termination of the lease. Pursuant… Read more »

Solvay Chemicals, Inc. v. Wyoming Dep’t of Revenue 2022 WY 122 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 Solvay’s WMG production…. Read more »