Justia Energy, Oil & Gas Law Opinion Summaries
Mines Management, Inc. v. Fus
The Supreme Court reversed the district court's order granting summary judgment to Arnold Bakie and determining that Mines Management, Inc.'s (MMI) use of an adit and underground tunnel traversing Defendants' unpatented mining claims constituted trespass, holding that the district court erred in determining that Bakie possessed valid unpatented mining claims, thus entitling him to summary judgment, and in determining that MMI's use of the adit and underground tunnel constituted a trespass. MMI filed a complaint against Bakie and other defendants seeking a declaratory judgment that the mining claims owned by Defendants were invalid. Defendants countersued, alleging that MMI's use of the adit and underground tunnel constituted a trespass. The district court granted summary judgment to Bakie, determining that Bakie's claims were valid unpatented mining claims and that MMI was liable for trespass. The Supreme Court reversed, holding (1) the district court erred in granting summary judgment for Bakie because there was no evidence of valuable mineral deposits on the claims at issue; and (2) for the same reasons, the district court erred in determining that MMI committed trespass by using the adit and underground tunnel. View "Mines Management, Inc. v. Fus" on Justia Law
Continental Resources v. N.D. Dept. of Environmental Quality
Continental Resources, Inc. appealed a district court judgment dismissing its declaratory judgment action against the North Dakota Department of Environmental Quality (“Department”). Continental’s action for declaratory judgment requested the district court find “that if an approved control device is installed and operating at an oil and gas production facility, the mere presence of an emission from a closed tank hatch or control device does not, in and of itself, establish a violation of N.D. Admin. Code 33-15-07-2(1).” The district court dismissed Continental’s declaratory judgment action after finding the Environmental Protection Agency was an indispensable party, the district court lacked subject matter jurisdiction, and the matter was not ripe for judicial review. While this appeal was pending, the Department moved to dismiss the appeal as moot. The North Dakota Supreme Court affirmed the judgment dismissing Continental’s request for declaratory judgment as not ripe for judicial review. View "Continental Resources v. N.D. Dept. of Environmental Quality" on Justia Law
Posted in: Energy, Oil & Gas Law, Environmental Law, Government & Administrative Law, North Dakota Supreme Court
Browne v. Artex Oil Co.
The Supreme Court reversed the judgment of the court of appeals affirming the trial court's judgment dismissing Plaintiffs' claims for quiet title and declaratory judgment based on their contention that an oil and gas lease had terminated by its terms due to lack of production, holding that the twenty-one-year limitations period in Ohio Rev. Code. 2305.04 applied. In their complaint Plaintiffs alleged that the well at issue did not produce any oil or gas from its inception until 1999 and that the well had been inoperative for enough time to terminate the lease. Defendants asserted a statute of limitations defense to Plaintiffs' claims. The trial court held that Plaintiffs had not presented any evidence to satisfy their burden of proving that the well was no longer profitable and that Plaintiffs' claims were subject to a fifteen-year statute of limitations. Plaintiffs appealed, arguing that the correct limitations period was the twenty-one-year period under Ohio Rev. Code 2305.04. The court of appeals rejected the argument and affirmed the trial court's summary judgment for Defendants. The Supreme Court reversed, holding that the twenty-one-year statute of limitations period applied and that evidence of lack of production prior to 1999 was not irrelevant. View "Browne v. Artex Oil Co." on Justia Law
Leiper v. Gallegos
A tax sale of real property described in the deed as pertaining to surface rights does not include oil and gas rights which are "restrictions of record" in a previously recorded oil and gas lease. The Court of Appeal held that defendant was the surface owner of the property at issue, but he did not own an interest in the oil and gas under the property. The court modified the judgment to show that upon termination of the oil and gas lease, any remaining oil and gas rights described in the 1939 Memorandum of Oil and Gas Lease revert to the surface owner. View "Leiper v. Gallegos" on Justia Law
Vaquero Energy v. County of Kern
Vaquero filed suit challenging provisions of a new zoning ordinance requiring permits for new oil and gas exploration, drilling, and production. The ordinance imposed a wide range of environmental and other standards on permit applicants, adopting two procedural pathways for obtaining permits when the proposed activity would be conducted on split-estate land zoned for agriculture. Vaquero alleged that the new provisions violated its constitutional rights to equal protection and due process. The trial court rejected Vaquero's claims and the company appealed. Based on its interpretation of a line of relevant United States Supreme Court cases, the Court of Appeal held that the new ordinance did not violate Vaquero's right to due process because the owner of the surface rights does not have final control over how an owner of mineral rights uses those rights. Rather, the final authority over permits is retained by the County. In regard to the equal protection claim, the court applied the deferential rational basis test and held that the board of supervisors rationally could have decided the availability of an expedited seven-day pathway would promote cooperation between owners of mineral rights and owners of surface rights and reduce conflicts, which is a legitimate public purpose. View "Vaquero Energy v. County of Kern" on Justia Law
N.M. Indus. Energy Comm’n v. N.M. Pub. Regulation Comm’n
New Energy Economy (NEE) appealed a New Mexico Public Regulation Commission (Commission or PRC) order approving Public Service Company of New Mexico’s (PNM) renewable energy procurement plan (Plan) for the year 2018. In its application, PNM sought to demonstrate its compliance with Renewable Energy Act requirements and obtain the Commission’s approval of renewable energy procurements, among other items. NEE challenged the Commission’s approval of PNM’s 2018 Plan by arguing that PNM’s proposed procurement of solar energy generating facilities relied on an unfair request for proposal (RFP) process. NEE contended PNM designed its RFP to limit the universe of potential bidders and select its predetermined, preferred type of renewable energy bid. After review, the New Mexico Supreme Court concluded NEE did not meet its burden of proving that the Commission’s approval of the solar energy procurement was unreasonable or unlawful because evidence in the record supported the Commission’s determination that the challenged provisions of the RFP were reasonable under the facts and circumstances of this case. The Court, therefore, affirmed the Commission's final order approving PNM's 2018 Plan. View "N.M. Indus. Energy Comm'n v. N.M. Pub. Regulation Comm'n" on Justia Law
Posted in: Energy, Oil & Gas Law, Government & Administrative Law, New Mexico Supreme Court, Utilities Law
Claimant ID 100235033 v. BP Exploration & Production, Inc.
The Fifth Circuit reversed the district court's decision to decline discretionary review of the denial of claimant's claim for damages resulting from the Deepwater Horizon oil spill. At issue was whether a claimant's alleged unlawful conduct wholly or partially disqualifies it from the Settlement Program and, if so, what evidence is adequate to show that the claimant engaged in such conduct. The court held that the parties have been unable to give the court clear answers that were rooted in the Settlement Agreement or other law. The court found a three-way split among appeal panels on the significance of wrongdoing, and the parties have neither agreed nor persuaded the court as to what the legal framework ought to be. Therefore, and in light of the recurrence of the issues this appeal implicated, the court remanded for further proceedings. View "Claimant ID 100235033 v. BP Exploration & Production, Inc." on Justia Law
Rocky Mountain Steel Foundations. v. Brockett Co., et al.
Rocky Mountain Steel Foundations, Inc. appealed an amended judgment ordering Mitchell’s Oil Field Services, Inc. and Travelers Casualty and Surety Company of America (collectively “Mitchell’s”) to pay Rocky Mountain attorney’s fees. Rocky Mountain argued the district court erred by failing to award it all of the attorney’s fees it requested. The North Dakota Supreme Court affirmed the portion of the judgment awarding Rocky Mountain attorney’s fees incurred before the prior appeal, but reversed the portion of the judgment denying the attorney’s fees Rocky Mountain requested for the prior appeal and on remand. The matter was remanded for the trial court to properly determine a reasonable amount of attorney’s fees. View "Rocky Mountain Steel Foundations. v. Brockett Co., et al." on Justia Law
In re Application of Derby GLC Solar, LLC
Applicant Derby GLC Solar, LLC appealed a Public Utility Commission (PUC) decision denying its application for a certificate of public good (CPG) for a netmetered solar electric-generation facility. The PUC determined that applicant’s proposed project failed to satisfy 30 V.S.A. 248(b)(7) or (10). Applicant contended the PUC erred by not weighing the alleged economic benefits of the project against its adverse impacts, improperly considered evidence that should not have been admitted, misinterpreted the language of section 248, and treated applicant’s project differently than similarly situated projects. Finding no reversible error, the Vermont Supreme Court affirmed. View "In re Application of Derby GLC Solar, LLC" on Justia Law
Posted in: Civil Procedure, Energy, Oil & Gas Law, Government & Administrative Law, Vermont Supreme Court
Recherche, LLC v. Baldwin County Electric Membership Corporation
This appeal involved the interpretation of the patronage-refund requirements imposed on electric cooperatives by 37-6-20, Ala. Code 1975. Recherche, LLC, individually and on behalf of all other current and former members of Baldwin County Electric Membership Corporation ("the members"), filed a class-action complaint against Baldwin County Electric Membership Corporation ("Baldwin EMC"), seeking a judgment declaring the rights of the members to a return of "Patronage Capital" or "Capital Credits," which the members asserted were "excess revenues" due to be distributed to the members under the statute. Brooks Davis moved to intervene to represent all former members of Baldwin EMC. Recherche and Davis asserted that Baldwin EMC's method of allocating excess revenues to capital accounts violated section 37-6-20. The trial court dismissed the action, and Recherche and Davis appealed. After review, the Alabama Supreme Court determined Baldwin EMC distributed excess revenues to the members' capital accounts, and because Baldwin EMC's method of distribution did not contravene section 37-6-20, Recherche and Davis's complaint failed to state a claim upon which relief could be granted. Therefore, the Court affirmed dismissal of their complaint. View "Recherche, LLC v. Baldwin County Electric Membership Corporation" on Justia Law