January, 2009

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Gulf of Mexico Lease “Price Threshold” Conditions Held Unlawful

The Energy Law Blog

A unanimous panel of the United States Court of Appeals for the Fifth Circuit has held that the United States Department of the Interior violated the Outer Continental Shelf Deep Water Royalty Relief Act (“RRA”) by imposing price threshold conditions that require federal lessees to pay royalties when commodity prices rise. Kerr-McGee Oil & Gas Corp. v.

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Texas Supreme Court interprets pooling clause in mineral lease

The Energy Law Blog

By Sarah Steward-Lindsey On November 21, 2008, the Supreme Court of Texas decided that a mineral owner’s participation in a validly pooled unit did not cease simply because the lease of that interest terminated. Because the unit continued, it was proper to account for production and costs on a unit-wide basis, and because termination of the lease did not necessarily extinguish the equitable right of reimbursement for improvements on the premises , the Court remanded for a determination of wh

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