Oil & Gas Blog

By: Hayley S. Murray  In a recent Supreme Court decision, United States Forest Service v. Cowpasture River Preservation Association, the Court was faced with the interaction of several federal laws governing certain agencies’ authority to grant use of public lands. In 2017, Atlantic Coast… Read more

By Megan R. Knell      Landowners achieved another victory in the recent case of Hlavinka v. HSC Pipeline Partnership, LLC, in which the court revisited the pipeline company’s “common carrier” status based on the reasonable probability test established in Texas Rice and… Read more

By Megan R. Knell and William G. Bredthauer Gathering agreements have long been a staple in the oil and gas industry.  And, for decades, these agreements and the dedication provisions within them were construed as covenants running with the land.  As a result, the ruling in Sabine Oil… Read more

April 24, 2020 By Paul D. Bradford and Merrill E. Jones Because defaults, bankruptcies, or other distress may occur in the current oil and gas price environment, we wanted to discuss Forbearance Agreements. Forbearance Agreement: A Forbearance Agreement is a written agreement by Bank to refrain… Read more

April 17, 2020 By Paul D. Bradford and Merrill E. Jones Because defaults, bankruptcies, or other distress may occur in the current oil and gas price environment, we wanted to highlight some key concepts related to perfection. Perfection of Liens and Security Interests in Oil and Gas Collateral… Read more

April 14, 2020 By Paul D. Bradford and Merrill E. Jones Because Borrowing Base deficiencies or other distress are likely in the current oil and gas price environment, we wanted to highlight some key concepts related to cash and production proceeds. Cash is King: Typically, the Bank’s term sheet… Read more

April 9, 2020 By Paul D. Bradford and Merrill E. Jones Because the upcoming Borrowing Base season promises to be memorable, we wanted to highlight some key concepts related to mortgage and title coverage and Borrowing Base deficiencies. Required Mortgage and Title Coverage: Typically, a Loan… Read more

By Megan R. Knell and William G. Bredthauer In March of 2020, demand for oil began to steadily decline due to stay-at-home orders and self-quarantine measures that were implemented in response to the COVID-19 pandemic.  The significant decrease in demand led to an excessive supply of oil that… Read more

By Hayley S. Murray and Megan R. Knell A shut-in clause (or shut-in royalty clause) typically allows for shut-in royalty payments as a substitute for actual production.  However, payment of shut-in royalties does not necessarily relieve a producer of its duties under the implied covenant to… Read more

By Bryan J. May and Mark C. Matula  We have previously discussed shut-in, force majeure, continuous drilling, cessation of production, and commencement of operations lease provisions, which are known as lease savings clauses.  This brief note discusses production in paying quantities,… Read more

By Paul B. Westbrook and Shawna R. Rinehart A shut-in clause (or shut-in royalty clause) traditionally allows the lessee to maintain the lease by making shut-in payments on a well capable of producing oil or gas in paying quantities where the oil or gas cannot be marketed, whether due to a lack of… Read more

By Paul B. Westbrook and Shawna R. Rinehart Force Majeure Clause: A force majeure clause is a lease provision designed to protect a lessee against termination of the lease resulting from governmental actions, acts of God, and other circumstances beyond the lessee’s control. Force majeure clauses… Read more

By Paul B. Westbrook and Shawna R. Rinehart Continuous drilling clauses are very similar to, and often intertwined with, some of the savings clauses often included in leases (especially a commencement of operations clause and a cessation of production clause). One difference from a commencement of… Read more

By Paul B. Westbrook and Shawna R. Rinehart Cessation of Production: A cessation of production savings clause is primarily intended to prevent termination of the lease immediately upon the cessation of production, whether during the primary term, secondary term, or both. Certainly, the most… Read more

Savings Clauses Generally: A savings clause is any express lease provision that can be used to maintain the lease past its primary term in the absence of actual production on the lease premises. Where a dispute arises regarding the continuing validity of a lease, the plaintiff bears the burden of… Read more

On April 23, 2019, the U.S. Environmental Protection Agency published Management of Exploration, Development and Production Wastes: Factors Informing a Decision on the Need for Regulatory Action. The document was drafted and published, in part, in response to a Consent Decree entered by the U.S.… Read more

On November 20, 2018, the Supreme Court of Pennsylvania agreed to hear an appeal concerning the Pennsylvania Superior Court’s decision in a lawsuit that alleged trespass by hydraulic fracturing.  Specifically, the Pennsylvania Superior Court concluded that the “rule of capture does not… Read more

On November 16, 2018, President Donald Trump announced that he intends to nominate U.S. Environmental Protection Agency acting Administrator Andrew Wheeler to head the agency on a permanent basis.  If formally nominated, acting Administrator Wheeler’s nomination would be initially handled by… Read more