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A Salty Chapter in the Ongoing Saga of Post-Production Costs (and a Bonus Discussion of Subsurface Cavern Ownership)
April 2023 – The Myers-Woodward, LLC v. Underground Servs. Markham, LLC case, which came out last year, is currently pending before the Supreme Court and ...
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Consent Agreement Reached in Federal Ohio Case: USA v. Utica Resources Operating, LLC
April 2023 – Ohio has recently received its fair share of media attention for high-profile contamination cases. The USA v. Utica Resources Operating, LLC case ...
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Privity of Contract: Why Anti-Washout Provisions Fail
April 2023 – Oil and gas leases were signed in 2010, but subsequently expired by their terms. Between the date of execution and ...
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Recent Developments in Louisiana Carbon Capture, Utilization, and Storage Laws
August 2023 – Carbon Capture Utilization and Storage (CCUS) is quickly becoming a hot topic in the energy industry. With its extensive pipeline infrastructure and ...
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Flatland Falls Flat When Attempting to Shift an NPRI Burden
March 2023 – In Brooke-Willbanks v. Flatland Min. Fund, LP, the Eastland Court of Appeals reviewed whether a nonparticipating royalty interest (“NPRI”) will burden a ...
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Diminishing NPRIs Via Lease Ratifications? Not Likely but Not Impossible
December 2023– Hahn v. Conoco Phillips Co. highlights the legal issues surrounding nonparticipating royalty interests (NPRIs) in Texas, the difference between fixed and floating NPRIs, ...
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A “Plus-Sized” Win for Royalty Owners in Devon v. Sheppard
March 2023 – In Devon v. Sheppard, the Texas Supreme Court delivered a significant ruling which clarified the rights of royalty owners in "proceeds-plus" ...
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OLIVA GIBBS WELCOMES LITIGATION PARTNER ANDREW GOOD IN OHIO
March 2023 - Oliva Gibbs is pleased to announce that Andrew Good has joined the firm as a litigation partner in the Columbus, Ohio ...
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Navigating the Navigator Decision: New Guidance on the “Double Fraction Dilemma”
February 2023 – In Van Dyke v. Navigator Group, the Texas Supreme Court once again grappled with the so-called “Double-Fraction Dilemma” surrounding fixed ...
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Real Rights Require Real Acts – And Recordation
January 2023 – The United States District Court for the Western District of Louisiana recently examined whether a real right in property could be enforced ...
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Pooling in Bad Faith: Look to the Lease Terms for Clarity
April 2023 – The Ischy v. Northwood Energy Corp case illustrates the significance of broadly drafted pooling provisions that offer wide discretion to the Lessee.
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Granting Clause vs. Exhibit: The Eternal Question of Assignment Scope
January 2023 – In Citation 2002 Inv. LLC & Endeavor Energy Res., L.P. v. Occidental Permian1, the ...
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OLIVA GIBBS PROMOTES JOSH ABRAMS AND PATRICK SCHENKEL TO PARTNER
January 2023 - Oliva Gibbs is pleased to announce that Josh Abrams and Patrick Schenkel have been promoted to partners at the firm.
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The Presumed-Lost-Deed Doctrine: A Recent Texas Case Invokes an Obscure Rule
January 2023 - The Doctrine of Presumed Lost Deed is an arcane legal concept applied to old gaps in land titles in Texas. This common-law ...
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Governor Shapiro and the Future of Fracking in Pennsylvania
December 2022 — Former Attorney General Josh Shapiro was recently elected as the next Pennsylvania governor. However, with no hard stance on fracking and seats ...
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Hoggs Get Slaughtered: Interpreting an Assignment of “Leases” Versus “Lands” in the Blackbeard Decision
November 2022 — The El Paso Court of Appeals was recently tasked with interpreting whether the granting language in an assignment was broad enough to ...
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