News and Events for Attorneys and Executives

Tag: EnergyLaw

Term Royalty Interests Survive the Rule Against Perpetuities in Texas

News
The rule provides “that no interest within its scope is good unless it must vest, if at all, not later than twenty-one years after some life in being at the creation of the interest.”

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Pennsylvania, Texas Courts Disagree on Whether Rule of Capture Applies to Fracturing

Pennsylvania, Texas Courts Disagree on Whether Rule of Capture Applies to Fracturing

Insight
A recent Superior Court of Pennsylvania ruling in a case concerning hydraulic fracturing runs counter to a ruling in a similar case by the Texas Supreme Court, reports Graves, Dougherty, Hearon & Moody.

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Renewable Energy Deals Targeted for More Scrutiny in New Trade Report

Insight
Even investments in renewable energy businesses may be affected by this broadening of interest in the industry, and should be considered by parties as part of deal due diligence and negotiations of investment and acquisition agreements, according to Morgan, Lewis & Bockius.

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An Indemnity Agreement Means What it Says

Insight
Parties can write an agreement to indemnify one another against claims they later assert against each other. To do so, the parties must expressly and specifically state that intention, writes Charles Sartain of Gray Reed.

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Talk About an Electric Shock – Power Company Fined $2.7M After Data Breach

News
The unnamed power company had inadvertently allowed critical cyber security data to be exposed online for 70 days, reports Troutman Sanders.

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Global Warming Public Nuisance Actions Will Stay in Federal Court

News
The cities claim that the companies, despite knowing of the risks associated with climate change and global warming, continued to produce and sell their products to the public that uses fossil fuels.

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FERC has Options if Court of Appeals Shuts Down Operating Interstate Pipeline

FERC has Options if Court of Appeals Shuts Down Operating Interstate Pipeline

Insight
A Pierce Atwood article discusses a ruling that raises the possibility that a court will vacate certificates of public convenience and necessity authorizing the construction and operation of some functioning gas pipelines.

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Landman Contract Defeated by the Statute of Frauds

Insight
Gray Reed & McGraw’s Energy & the Law blog describes a contract case in which an oil and gas landman found out that the contract he signed with a purported agent for a client was unenforceable.

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On-Demand: The Current (and Future) State of Oil and Gas M&A

On-Demand
Gibson, Dunn & Crutcher has posted an on-demand webcast that discusses what the firm has been seeing and expects to see in the future in regard to mergers and acquisitions in the oil and gas industry.

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Houston Trial Lawyer Courtney Ervin Joins Hicks Thomas

News
Trial lawyer Courtney Ervin has joined commercial litigation boutique Hicks Thomas LLP.

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Exxon’s Response to Climate-Change Case: Sue the Lawyers

Exxon’s Response to Climate-Change Case: Sue the Lawyers

News
One expert asks: Does Exxon really need these depositions or is Exxon seeking the depositions to harass mayors and city attorneys into dropping their lawsuits?

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Chevron Fights California Cities’ Climate-Change Lawsuits With ‘Creative Lawyering’

News
Adding foreign companies to the litigation is a tactical maneuver to keep the dispute out of state court, where the cities have more favorable prospects, and force it into federal court, reports The Los Angeles Times.

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Does the Insurance Policy Incorporate the Service Contract by Reference? An Examination of In Re Deepwater Horizon

Does the Insurance Policy Incorporate the Service Contract by Reference? An Examination of <i>In Re Deepwater Horizon</i>

Insight
A Steptoe & Johnson article takes a look at the way additional insured coverage under an insurance policy is analyzed when there is an underlying drilling contract limiting the additional insured coverage to the scope of the liability assumed in the service contract.

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Can Emails Establish an Easement in Texas?

Insight
Charles Sartain, in a discussion involving a Texas case concerning a disagreement over the negotiation of the payment for a pipeline easement, addresses the issue of whether emails can create a contract.

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Fifth Circuit En Banc Simplifies Rule for Identifying Maritime Contracts in the Oilfield

Fifth Circuit En Banc Simplifies Rule for Identifying Maritime Contracts in the Oilfield

Insight
The Fifth Circuit en banc has handed down an historic re-working of the test for determining whether oilfield contracts are maritime or non-maritime in nature, according to a Baker Donelson post.

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Answers Demanded Following Deadly Oklahoma Rig Explosion

News
As this incident moves from the recovery of the victims to the cleanup and investigation stage, a prominent Texas trial lawyer says the industry must use this tragedy as a signal to take stock of their safety procedures.

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Royalty Owners Seek Class-Action Status Against Talisman Energy USA

News
The lawsuit charges that from Jan. 1, 2013, to June 1, 2016, Talisman failed to report, account for and make royalty payments based on its lease agreements.

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Tax Reform Impact On Energy? Short Answer: MLPs Are Fine

Tax Reform Impact On Energy? Short Answer: MLPs Are Fine

Insight
Baker Botts partner Mike Bresson told listeners at the beginning of the law firm’s recent webinar that “Master limited partnerships [MLPs] did just fine on tax reform.”

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Judge Fines Environmental Attorneys $52,000 for ‘Frivolous’ Injection Well Suit

Judge Fines Environmental Attorneys $52,000 for ‘Frivolous’ Injection Well Suit

News
A federal judge has ordered a pair of attorneys for an environmental group to pay $52,000 in legal fees to an energy company because, the judge said, they filed a “frivolous” legal challenge to a fracking waste injection well in Pennsylvania, according to a report by StateImpact.

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New Report Highlights Cyber Threat to US Electric Industry

Insight
Critical infrastructure industrial control systems could be susceptible to a new type of malware, reports Morgan Lewis in its Power & Pipes blog.

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