Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Noble Energy, Inc. v. ConocoPhillips Company, 532 S.W.3d 771 (Tex. 2017) held that a mutual, reciprocal environmental indemnity was an executory contract assumable in bankruptcy. Under a 1994 Exchange Agreement, ConocoPhillips […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Town of Dish v. Atmos Energy Corporation, 519 S.W3d 605 (Tex. 2017), held that the two-year statute of limitations barred trespass and nuisance claims attributable to a compressor station. Four independently […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. HighMount Expl. & Prod. LLC v. Harrison Interests, Ltd. 503 S.W.3d 557 (Tex. App.—Houston [14th Dist.] 2016, no. pet.) (Deduction of fuel gas and marketing costs from royalty) held that fuel […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Flanagan v. Chesapeake Exploration, LLC No. 3:15-CV-0222-B, 2015 WL 6736648 (N.D. Tex. Nov. 4, 2015) (mem. op.) (Implied duty to reasonably market) described the proper pleading for breach of the implied […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. ETC Mktg., Ltd. v. Harris County Appraisal Dist., 476 S.W.3d 501(Tex. App.—Houston [1st Dist.] 2015, pet. filed) (Ad valorem taxation of interstate gas in storage) held that natural gas stored in […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Chesapeake Exploration, L.L.C. v. Hyder, No. 03-14-00257-CV, 2015 WL 9583873 (Tex. App.—Austin Dec. 29, 2015, pet. filed) (mem. op.) held that an overriding royalty was free of all post-production costs. The […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. United States v. CITGO Petroleum Corp. held that uncovered wastewater treatment tanks resulting in dead birds was not a criminal violation of either the Clean Air Act or the Migratory Bird […]