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In a big win for the energy industry, and in particular the energy-service industry, Judge Morales of the Southern District of Texas—Corpus Christi Division—recently dismissed an overtime lawsuit brought by Plaintiff Marcus Hargrave, ultimately finding that he was an “independent contractor” and thus, AIM Directional Services (“AIM”) was not subject to the Fair Labor Standards Act (“FLSA”) or the New Mexico Minimum Wage Act (“NMMWA”). Hargrave v. Aim Directional Services, LLC; Cause No. 2:18-cv-00449.  Judge Morales’ determination follows the decision in Parrish v. Premier Directional Drilling, L.P., 917 F.3d 369 (5th Cir. 2019), in which the Fifth Circuit reversed and rendered in…
Barring a reversal by recount or litigation, Joe Biden will be the next President of the United States. This article discusses what will happen on Day One for the energy industry.  Our analysis is drawn from Biden’s own words, campaign pledges, and written policies—including his Clean Energy Revolution Fact Sheet and Plan for Climate Change and Environmental Justice. 1.       Executive Action – Methane Emission Standards Sources: Clean Energy Revolution Fact Sheet; Climate Plan Action: “Requiring aggressive methane pollution limits for new and existing oil and gas operations.” What does it mean? Roll back the rollbacks. President Trump undertook took numerous measures…
In the latest episode of Oil and Gas Law: In 5 Five Minutes or Less, KRCL’s video series covering key legal developments for energy industry professionals, litigation partner Tom Ciarlone discusses a mineral lease dispute that has percolated up to the Texas Supreme Court. Oil and Gas Law: In 5 Minutes or Less – Episode 5 The post VIDEO: “Oil and Gas Law: In 5 Minutes or Less” appeared first on Energy Law Today.…
In a case with potentially far-reaching consequences, the Texas Supreme Court has agreed to review the Thirteenth Court of Appeals decision in Ellison v. Three Rivers Acquisition LLC, No. 13-17-00046-CV, 2019 WL 613262 (Tex. App.—Corpus Christi Feb. 14, 2019). The dispute centers on the border between two oil-and-gas leases, as depicted below: In 2008, the operator on the Southeast Tract sent a so-called “boundary stipulation” to the mineral owner on the Northwest Tract. The stipulation sought to clarify that the border between the two leases was not the public county road pictured above; instead, according to the stipulation, the boundary…
KRCL litigation partner Tom Ciarlone, in the latest episode of the firm’s energy law podcast, delves into three oil-and-gas cases that were recently decided in Texas and Oklahoma. Download the iPhone/iPad app for our podcast at tinyurl.com/energylawios, or the Android app at tinyurl.com/energylawandroid. The podcast is also available on iTunes (tinyurl.com/energylawitunes), Google Play (tinyurl.com/energylawgoogleplay), Spotify (https://tinyurl.com/energylawspotify), and Stitcher (tinyurl.com/energylawstitcher). The post PODCAST: Three New Important Oil-and-Gas Cases appeared first on Energy Law Today.…
In the latest episode of Oil and Gas Law: In 5 Five Minutes or Less, KRCL’s video series covering important legal developments for energy industry professionals, litigation partner Tom Ciarlone discusses a recent verdict out of an Oklahoma federal court in a royalty underpayment class action. This is a cautionary tale that everyone in the sector should know about. Oil and Gas Law: In 5 Minutes or Less – Episode 4 The post Oil-and-Gas Class Actions: A Cautionary Tale appeared first on Energy Law Today.…
In the latest episode of Oil and Gas Law: In 5 Five Minutes or Less, KRCL’s video series covering key legal developments for energy industry professionals, litigation partner Tom Ciarlone discusses the troubling intersection of division orders, joint tenancies, and estoppel. Oil & Gas Law: In 5 Minutes or Less – Episode 3 The post The Troubling Intersection of Division Orders, Joint Tenancies, and Estoppel appeared first on Energy Law Today.…
In the latest episode of KRCL’s energy law podcast, litigation partner Tom Ciarlone sits down with Brett Podkanowicz, in-house counsel for land and legal at Encore Permian in Midland, Texas. Download the iPhone/iPad app for our podcast at tinyurl.com/energylawios, or the Android app at tinyurl.com/energylawandroid. The podcast is also available on iTunes (tinyurl.com/energylawitunes), Google Play (tinyurl.com/energylawgoogleplay), Spotify (https://tinyurl.com/energylawspotify), and Stitcher (tinyurl.com/energylawstitcher). The post PODCAST: Interview with In-House Counsel at Encore Permian appeared first on Energy Law Today.…
In the second episode of Oil and Gas Law: In 5 Five Minutes or Less, KRCL’s new video series covering key legal developments for energy industry professionals, Tom Ciarlone examines a recent Texas Supreme Court decision on interpreting mineral leases and other oil-and-gas contracts. Oil & Gas Law: In 5 Minutes or Less – Episode 2 The post Texas Supreme Court Addresses Interpretation of Oil-and-Gas Contracts appeared first on Energy Law Today.…