About Oil and Gas Law Digest

Oil and Gas Law Digest, founded by McGinnis Lochridge attorneys in 2012, has grown by leaps and bounds to become a true home for in-house attorneys and landmen to find valuable updates and insights on legal issues pertaining to the oil and gas industry.  By pairing oil and gas law with the power and reach of the internet, Oil and Gas Law Digest has found a wide audience ranging from young professionals to established decision-makers. OilandGasLawDigest.com seeks to provide immense value and insight on a broad scope of topics within oil and gas law.

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Oil and Gas Law Digest features content written by attorneys of the law firm McGinnis Lochridge, as well as occasional special guests. OilandGasLawDigest.com seeks to provide immense value and insight on a broad scope of topics within oil and gas law.

Recent Print citations to OilandGasLawDigest.com include:

  • United Nations, Department of Economic and Social Affairs – Financing for Development, “Note on Capital Gains Taxation and Taxation of Indirect Asset Transfers,” 2015, http://www.un.org/esa/ffd/wp-content/uploads/2015/10/11STM_Attachment2_Cgt.pdf.
  • Michael P. Vargo, Why the Accommodation Doctrine Should Not Apply to Groundwater Owners Under Coyote Lake Ranch, LLC v. City of Lubbock, 6 HLRe 167 (2016)
  • Barry Barnett and Laura Abrahamson, The Hottest Oil & Gas Claims for 2015 – and How to Beat Them, 2015 Institute for Energy Law.
  • Cressinda Schlag, Indemnity for Environmental Damage: Methods for Structuring an Enforceable Indemnification Agreement for Environmental Claims and Liability, Energy & Mineral Law Foundation 36th Annual Institute, 2015.

Related McGinnis Lochridge Practice Areas

Editors:

Austin Brister
Austin represents oil and gas exploration and production companies and landowners in a wide variety of complex commercial litigation matters, including contract and property disputes, royalty disputes, breach of lease cases, lease termination/perpetuation disputes, and an array of other issues in the upstream oil and gas sector. Austin has prosecuted and defended claims in state courts and federal courts. Austin strives to find practical business solutions to complex issues, but if necessary, he works hard to implement effective strategies in the courthouse.
Austin Brister
Chris Halgren
Chris represents clients in a wide variety of litigation matters. Chris strives to identify an aggressive, yet practical approach to accomplish his clients' needs, taking into account the particular legal and business issues presented. With horizontal drilling transforming the energy landscape across Texas, Chris developed an emphasis on oil and gas related matters. He has represented operators, non-operators, and landowners in a variety of disputes ranging from seismic misappropriation, leasing issues, royalty disputes, title litigation, lease termination, midstream accounting, and other related contractual disputes. Chris has been selected to the Texas Super Lawyers Rising Stars list, a Thomson Reuters service, (2014-2019).
Chris Halgren

Contributors:

Kevin Beiter
Kevin represents a diverse clientele in a wide variety of complex litigation with a particularly strong emphasis on complex civil trials and arbitrations. With a background in petroleum geology, he has operated and participated in oil and gas exploration and development projects across North America. Kevin has international experience in the Americas including Central America and Canada, West Africa, Eastern Europe and Australia. He has been listed in Best Lawyers© in the fields of Oil & Gas Law since 2007 and selected to the Texas Super Lawyers list, a Thomas Reuters service, since 2003. Kevin is a recognized speaker, lecturer, and author on the energy industry and related policy matters.
Ana Navarrete
Ana specializes in Oil and Gas litigation. Her experience includes matters in South Texas and the Eagle Ford Shale Play in disputes involving title issues, drilling operations between operator and non-operators, royalty underpayment, offset and development, cessation of production and lease termination, among other issues in the upstream oil and gas sector. Ana is also knowledgeable in matters involving state and federal oil and gas regulatory authorities includes agency hearings, examining the scope and limits of regulatory authority and providing advice about how to comply with or seek exemptions to agency rules.
Ana Navarrete

Latest posts by Ana Navarrete (see all)

Jordan Mullins
Jordan Mullins represents individuals and businesses in commercial disputes with an emphasis on energy industry clients. He has represented energy industry clients in actions in Texas, Oklahoma, Kansas, Louisiana, and Wyoming. Jordan’s strength lies in distilling factual details into persuasive themes to present to a jury, ultimately making the most complicated cases understandable and the client’s position clear. He is experienced in matching litigation tactics to business objectives. His litigation skill has been recognized by his peers, including as one of the Texas Super Lawyers Rising Stars in 2017 and 2018.
Tim George
Tim George practices administrative law and litigation on behalf of oil and gas owners and operators. Tim represents clients before the Railroad Commission of Texas and the Texas General Land Office. He has helped solve complex problems with leasehold permitting and production; special field rules; rulemaking; salt water disposal injection; unitization and enhanced recovery; environmental compliance and remediation; pipeline transportation; common carrier, common purchaser, and gas utility compliance; planning and permitting for underground storage in salt caverns and depleted reservoirs; and surface land use and municipal permitting for oil and gas operations. Chambers & Partners USA has ranked Tim in Band 1, its highest ranking in Energy: State Regulatory & Litigation for Oil & Gas in Texas.
Lindsey Roskopf
Lindsey regularly assists clients with identifying export licensing requirements; developing export licensing strategies; reviewing technology transfer controls; determining the export jurisdiction and classification of equipment and technology; and responding to government inquiries. She has extensive experience in advising clients on compliance with U.S. sanctions, particularly with respect to Russia, Iran, Cuba, and Venezuela. Lindsey also has considerable experience in conducting internal investigations and making voluntary disclosures to the Commerce, State, and Treasury Departments.
Lindsey Roskopf

Latest posts by Lindsey Roskopf (see all)

Martin Lutz
Martin advises an extensive range of US and foreign clients on a variety of international legal matters. Numerous companies on the Fortune Global 500 list have sought his counsel as well as foreign governments, universities, private equity funds, international charities, technology companies and manufacturers of all sizes. In addition, he also advises US and foreign high-net-worth individuals as well as family-owned companies with business operations, assets and heirs moving across borders.
Martin Lutz

Latest posts by Martin Lutz (see all)

Accolades

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5 comments


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  1. I need a crash coarse on DOIs

    • Austin W. Brister

      Hi Nanci!

      What can I help you with specifically? The breakdown of the various interests? How they are expressed? What interests burden what? How to calculate the various interests?f

  2. Hey Austin, good work on the site. I have a question regarding pooling. Let’s say you have a 640 acre section in which the minerals are owned by farmer A. He leases the N/2 to company B, and leases the S/2 to company C using the same form and rates. B and C then assigned their leases to company D. If D wants to drill in the middle of the section (thus creating a pro ration unit covering both the N/2 and S/2), do they have to designate a pooled unit and thus pool the N/2 and S/2? Or is this unnecessary because the ownership is uniform? Thank you!

    • Austin W. Brister

      In Texas, I am about 99.9% certain you will not see a pooled unit in this fact-pattern. Instead, these are called “Lease Wells” and we never see a Designation of Unit for these. This can cause a problem sometimes when looking at a classic Pugh clause which causes lease termination for all lands not included in a “Pooled Unit.” Instead, these pugh clauses will sometimes specify that the lease will terminate as to any lands not included within a proration unit. However, this also causes a problem, because now you have a unit that is allocating based on some sort of acreage that may different when compared to the acreage that is released. THere are a few other problems you can run into with these “Proration Pughs,” but I suppose all of this is a little outside the scope of your question.

    • In Texas, you really won’t see your typical pooled unit in this fact-pattern. Instead, these are typically called “Lease Wells” and you probably won’t see your typical Designation of Unit for these. This can cause a problem sometimes when looking at a classic Pugh clause which historically causes partial lease termination for all lands not included in a “Pooled Unit.” There are a whole bunch of problems you can get into with these, and you really have to be careful to draft things very very literally and carefully. This would probably be a great idea for an article!

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© Copyright 2012-2018, McGinnis Lochridge LLP. All Rights Reserved. DISCLAIMER: The information in this article is for general information purposes only. This article should not be substituted for legal advice and should not be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or reading this article does not constitute, an attorney-client relationship. You are encouraged to contact an attorney for legal advice concerning the information provided in this article.
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We keep clients and subscribers updated on case law alerts and insightful articles. Join more than 2,000+ in-house attorneys and landmen who receive our occasional alerts and summaries. All for free!