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. 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 […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Enbridge Pipelines (E. Texas) L.P. v. Avinger Timber, LLC, 386 S.W.3d 256 (Tex. 2012), held that the condemnation value of the landowner’s interest in an existing gas plant site […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Dynegy Midstream Services, L.P. v. Apache Corp., 294 S.W.3d 164 (Tex. 2009), holds that for gas sold at the wellhead under common “percentage of proceeds” contracts, the gas processor was […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. French v. Occidental Permian Ltd. held that royalty owners were required to share in the cost of removal of carbon dioxide (“CO2”) from casinghead gas re-injected for secondary recovery […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Bowden v. Phillips Petroleum Co., 247 S.W.3d 690, (Tex. 2008), examines whether three subclasses of a class of oil and gas royalty owners were properly certified. The case is […]
