Regulation of Greenhouse Gases: The Management of Uncertainty
James E. Smith, Beirne, Maynard & Parsons, L.L.P.

Public awareness and perception of global warming accelerated by man-made carbon emissions is increasingly compelling action by lawmakers and regulators around the world. Under the Bush administration, regulatory control within the United States has lagged behind Europe and much of the rest of the world, even though it is by far the leading generator of greenhouse gases (GHG).

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Pooling Lands v. Pooling Leases: The Texas Supreme Court Identifies a Key Distinction

In Wagner & Brown, Ltd. v. Sheppard, the Texas Supreme Court addressed a matter of first impression: how a pool of producing properties is affected if an oil and gas lease in the pool expires. The court held that neither the pool nor the equitable right of reimbursement for improvements were necessarily extinguished by the termination of the lease.

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Class Certification of Texas Royalty Owners Upheld

The Texas Supreme Court recently affirmed the certification of a class of royalty owners who claim their royalties were incorrectly calculated under identical language in their Gas Royalty Agreements (“GRAs”). Bowden v. Phillips Petroleum Co., 247 S.W.3d 690 (Tex. 2008).

The three to four thousand class members are royalty owners in the Texas Panhandle who leased their property to Phillips Petroleum Company for natural gas production, and are now alleging underpayment of royalties due under the leases through self-dealing transactions. Their claims deal with the methods for measuring gas production for royalty calculations.

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Filing an Operator Designation Form Conclusively Establishes Responsibility for Plugging Expenses

The Austin Court of Appeals recently held, in Shoreham Oil & Gas Co., Inc. v. Texas, 260 S.W.3d 249 (Tex.App.—Austin 2008, no pet.), that the fact a company filed a Form P-4 (Producer’s Transportation Authority and Certificate of Compliance), designating itself as the well’s operator in compliance with Texas Natural Resources Code Sec. 89.011, conclusively establishes that company’s control over the well, and its resulting responsibility for expenses related to plugging the well.

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To learn more about the YEP Committee, please visit http://www.cailaw.org/iel/yep.html, or contact its Chair, Laney Vazquez or Vice Chair, Steve Otillar.

Don't forget to attend the YEP Committee-hosted wine tasting at the 60th Annual Oil & Gas Law Conference on February 19-20, 2009 in Houston! Young and old are welcome to join us!