Ask and You Shall (Not?) Receive: Retained Acreage Clauses and the Texas Supreme Court
Two Texas Supreme Court decisions published on the same day confirm that retained acreage clauses that vary in language from one instrument to another will likely vary in effect, according to Gray Reed & McGraw’s Energy & the Law blog.
Authors Charles Sartain and Brittany Blakey explain that, depending on the language, the lessee might not be able to maintain all the acreage it planned on holding.
They discuss two cases on point: Endeavor Energy Resources, L.P. v. Discovery Operating, Inc. and XOG Operating, LLC v. Chesapeake Exploration.