Oil and Gas Lawyer Blog

On May 22 the Texas Supreme Court issued opinions in Boerschig v. Rio Grande Electric Cooperative, No. 24-0213. Four Justices joined the majority opinion by Justice Busby; Justice Hawkins also filed a

Every oil company lease form will contain a pooling clause, and the rights granted to the Lessee by that clause can significantly affect the economic and other rights of the Lessor under the lease.  Every Lessor should therefore understand the concept of pooling.

The basic idea behind pooling is a good one, and its use can benefit both parties to the lease.  ...

Over the last 100 years courts have developed a body of case law in disputes between lessors and lessees of oil and gas leases. Courts have held that certain provisions are “implied” in the contracts, even though there is no language in the lease to support those provisions. The rationale behind these implied provisions goes back to cases interpreting hard mineral leases, and...