2023 Ernest E. Smith Oil, Gas and Mineral Law eConference

Case Law Update: Part One (May 2023)

Review recent decisions dealing with oil and gas leases, royalties, mineral conveyances, joint operating agreements, state regulation, and related topics.

Originally presented: Apr 2023 Oil, Gas and Mineral Law Institute

Owen L. Anderson, The University of Texas School of Law - Austin, TX

Revisiting “Waste” (May 2023)

A review of statutes prohibiting the production of oil and gas in a manner that constitutes “waste.”  This session will consider whether: (a) waste is absolutely prohibited, or whether Courts should wholistically consider waste in conjunction with other factors; (b) common law and statutory remedies for waste; and (c) how to analyze waste in conjunction with competing uses of pore space, including carbon sequestration and wastewater disposal. 

Originally presented: Apr 2023 Oil, Gas and Mineral Law Institute

Michael K. Reer, Harris, Finley & Bogle, P.C. - Fort Worth, TX

Subsurface Property Issues (May 2023)

Examine recent cases across the country concerning subsurface property rights and hear a high-level account of the state of subsurface property law. Cases to be covered will include Myers-Woodward, LLC v. Underground Services Markham, LLC (Tex. App. 2022) respacing the right to store oil in a salt cavern, Northwest Landowners Association v. State of North Dakota (N.D. 2022) holding that legislation limiting the rights of pore space owners to compensation for use of their pore space in oil and gas operations constituted a taking, and Continental Resources v. Fisher (D.N.D. 2021) involving claims for compensation for the use of pore space for saltwater disposal.

Originally presented: Apr 2023 Oil, Gas and Mineral Law Institute

Joseph A. Schremmer, University of New Mexico School of Law - Albuquerque, NM

Texas Railroad Commission Update (May 2023)

An update on current issues at the Texas Railroad Commission – from the perspectives of landowners and operators – focused on the latest developments with allocation wells and the Mineral Interest Pooling Act. Texas Operators are increasingly using allocation and production sharing agreement (“PSA”) wells for drilling horizontal laterals. But the Austin Court of Appeals, in Opiela v. RRC, has been asked to review the Commission’s methods for permitting allocation and PSA wells. What is at issue in that case, and what could the future hold for this type of development? Meanwhile, Texas is not known for strong forced pooling, but the Mineral Interest Pooling Act has seen a resurgence at the Railroad Commission. How is the MIPA being used in Texas today?

Originally presented: Apr 2023 Oil, Gas and Mineral Law Institute

Mark W. Hanna, Scott Douglass & McConnico LLP - Austin, TX
Ryan Lammert, Uhl, Fitzsimons, Burton, Wolff & Rangel, PLLC - San Antonio, TX

Devon v. Sheppard: Is Royalty Owed on Gross Proceeds or Gross Proceeds Plus? (May 2023)

Hear the two approaches argued before the Texas Supreme Court.

Originally presented: Apr 2023 Oil, Gas and Mineral Law Institute

Charles (Skip) Watson, Greenberg Traurig, LLP - Austin, TX
Jordan K. Mullins, McGinnis Lochridge - Austin, TX

Alternative Dispute Resolution in Energy Cases (May 2023)

The presentation will address developing successful alternative dispute programs for energy cases, implementing those programs, and ethical issues related to arbitrator selection.

Originally presented: Apr 2023 Oil, Gas and Mineral Law Institute

David E. Harrell Jr., Locke Lord LLP - Houston, TX

Case Law Update Part 2 (May 2023)

Review recent decisions dealing with oil and gas leases, royalties, mineral conveyances, joint operating agreements, state regulation, and related topics.

Originally presented: Apr 2023 Oil, Gas and Mineral Law Institute

Owen L. Anderson, The University of Texas School of Law - Austin, TX

Rules of Interpretation and Canons of Construction  (May 2023)

Discuss the differences between rules of interpretation and canons of construction, when and how courts apply each to construe unambiguous instruments, and recent case law providing additional guidance on the greatest possible estate rule.  

Originally presented: Apr 2023 Oil, Gas and Mineral Law Institute

Lad Stricker, Sanders Bajwa LLP - Austin, TX

Takings of Oil and Gas Infrastructure: Highest and Best Use, Remainder Damages, Costs to Cure, and Related Issues (May 2023)

With the large population growth in Texas and surge of infrastructure projects, we are seeing increased takings of oil and gas infrastructure by government entities. There are many valuation issues that must be considered when maximizing compensation.

Originally presented: Apr 2023 Oil, Gas and Mineral Law Institute

Justin A. Hodge, Marrs Ellis & Hodge LLP - Houston, TX
Joe Regan, Jackson Walker LLP - Fort Worth, TX

“To Equity or Not? The Role of Equitable Defenses in Deed Construction Cases” (May 2023)

This presentation will focus on the use of equitable defenses in deed construction cases (e.g., estoppel by deed, waiver, ratification, judicial estoppel, etc.), and further, the application of Sun Oil to those defense.

Originally presented: Apr 2023 Oil, Gas and Mineral Law Institute

Peter E. Hosey, Jackson Walker LLP - San Antonio, TX

The Consequences of Not Complying With Preferential Rights to Purchase, Consents to Assign or Other Restraints on Assignment (May 2023)

Hear about enforceability issues for these common, but inconvenient (for buyers and sellers), restraints on the assignment of oil and gas interests. Evaluate the consequences of imperfect compliance or outright disregard by buyers and sellers, exercise attempts by preferential right holders, and the remedies for holders of these restraints, and defenses in play for sellers and buyers when a breach is asserted.

Originally presented: Apr 2023 Oil, Gas and Mineral Law Institute

Terry I. Cross, McClure & Cross LLP - Dallas, TX

Holding onto Legacy Leasehold: Cessation of Production and Production in Paying Quantities Issues in the Permian (May 2023)

Originally presented: Apr 2023 Oil, Gas and Mineral Law Institute

Jacob M. Davidson, Davis Gerald & Cremer - Midland, TX

Inherent Surface Conflicts Between Oil and Gas and Renewable Energy Operations/Development (May 2023)

Originally presented: Apr 2023 Oil, Gas and Mineral Law Institute

Austin W. Brister, McGinnis Lochridge - Houston, TX