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Drill Deeper

News and Updates on Oil & Gas Legal Issues

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Strict Liability for Ultrahazardous Activities Under Former Civil Code Article 667

Posted in Environmental, Oil and Gas Operations, Oil and Gas Production

Although Louisiana courts routinely decline to find oil and gas defendants strictly liable under the pre-1996 version of Louisiana Civil Code article 667, plaintiffs continue to plead a cause of action under article 667 for alleged property damage caused by oil and gas exploration and production.  Like many other landowners in legacy lawsuits, the plaintiffs… Continue Reading

Louisiana Supreme Court Settles Two Important Questions Under the Mineral Code

Posted in Oil and Gas Operations, Oil and Gas Production

On June 27, 2018, the Louisiana Supreme Court resolved two important questions of Louisiana law over the scope of liability for breaches of mineral leases and over the maximum liability for unpaid royalties.  In Gloria’s Ranch, L.L.C. v. Tauren Exploration, Inc., No. 2017-C-1518 (La. 6/27/18), the Louisiana Supreme Court held (1) that a mineral lessee’s… Continue Reading

Personal or Predial Servitudes and Why It Matters

Posted in Oil and Gas Operations, Oil and Gas Production, Transactions

The new Austin Chalk play in central Louisiana is creating a resurgence of exploration activity in several rural areas.  Exploration companies have already begun leasing hundreds of thousands of acres in order to develop and produce minerals. A key component in developing the Austin Chalk is securing passage to the drill-sites.  Drill-sites are often located… Continue Reading

Another Possible Chip Away from the Finality of Confirmed Bankruptcy Plans

Posted in Bankruptcy, Oil and Gas Operations, Oil and Gas Production

A Texas court has recently carved out an exception to the Supreme Court’s ruling in United Student Aid Funds, In. v. Espinosa, 559 U.S. 260 (2010), on the finality of confirmed bankruptcy plans.  In Oklahoma State Treasurer v. Linn Operating, the United States District Court for the Southern District of Texas held Espinosa’s rule that… Continue Reading

Preemptive Authority of Commissioner’s Actions Affirmed

Posted in Legal Updates, Oil and Gas Production

On March 9, 2016, the Louisiana First Circuit Court of Appeal issued an important decision affirming the supremacy of state law, and of the decisions and action of the Commissioner of Conservation, in regulating oil and gas production in the State.  St. Tammany Parish Government v. Commissioner, 2015-CA-1152 (La. 1 App. Cir. 2016). According to… Continue Reading