By: Ted Tredennick and Elliot Deese (DT previously blogged on this developing legal topic on April 26, 2018 and Feb. 7, 2019.) Last week, the Pennsylvania Supreme Court heard oral arguments in a case with wide-reaching implications for the entire hydraulic fracturing industry.1 As discussed in previous blog posts, at issue is: Whether the rule of capture precludes trespass liability …
Class Actions for Oil & Gas Royalty Owners
Like chili cook offs, high school football, and Texas toast, legal disputes over oil & gas royalties are a time- honored tradition in Texas—a tradition dating back to when oil was first discovered at Spindletop Field over 100 years ago. Two recent cases, Verde v. Burlington and Verde v. Koerner, demonstrate an unusual wrinkle to this common Texan squabble. In …
Texas Supreme Court to Review Whether Royalty Owners Should Pay Post-Production Costs
In what could impact oil and gas royalty owners as well as energy companies across Texas, the Texas Supreme Court agreed to consider whether royalty owners are liable for post-production costs. The case is Burlington Resources Oil & Gas Co. LP v. Texas Crude Energy LLC et al., case number 17-0266, in the Supreme Court of Texas. The case is …
Hurricane Season 2018 Preview
For Houstonians, the official start of Hurricane season—June 1—instigate feelings of dread, anxiety, and loss as the lingering effects of Hurricane Harvey are still fresh and palpable. Many neighborhoods still haven’t recovered. Many homeowners still aren’t back in their homes. The rebuild and remodeling continue. It seems like there is no end in sight. Recently, meteorologists at Colorado State University …
Thinking about Suing a Municipality in Texas? First Things First
Hypothetical: While you or your client are driving on a Texas roadway, a police officer rams into your car in pursuit of a suspect during a high-speed police chase. At the scene, the police officer inspects the significant damage to your car, apologizes, and even admits that you are not at fault for the damage. The officer even goes so …
Pennsylvania Court Dismantles Rule of Capture for Hydraulic Fracturing
By: Sabrina Tour Earlier this month, a Pennsylvania Superior Court held that the rule of capture is inapplicable to hydraulic fracturing, commonly known as fracking. The longstanding rule of capture means that oil and gas resources belong to the person able to capture them through drilling wells. The rule of capture protects drillers from liability for draining of free-flowing oil …