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9780314263117

Cases and Materials on Oil and Gas Law

by ; ;
  • ISBN13:

    9780314263117

  • ISBN10:

    031426311X

  • Edition: 4th
  • Format: Hardcover
  • Copyright: 2002-07-01
  • Publisher: West Academic

Note: Supplemental materials are not guaranteed with Rental or Used book purchases.

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Supplemental Materials

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Summary

The pages of this book are filled with theoretical enigmas that intrigue legal theorists, yet oil and gas law is practical enough to satisfy the desire for "real law" shared by most second- and third-year law students. This edition contains numerous changes from the first two editions. The authors have added materials on environmental law in a new Chapter 9. They have also inserted the materials on implied covenants into Chapter 2, alongside express lease provisions, and moved the materials on royalty disputes into Chapter 3. They have updated and revised all of the chapters.

Table of Contents

Preface v
Table of Cases
xxiii
History, Accumulation, Ownership, and Conservation
1(123)
Historical Background
1(8)
Law of Capture and Private Ownership
9(38)
Law of Capture
9(33)
Kinds of Oil and Gas Interests
42(5)
Conservation: Modifying and Limiting the Law of Capture
47(77)
Preventing Waste and Protecting Correlative Rights
47(12)
Regulating Drilling, Well Completion, and Plugging
59(31)
Regulating Production and Marketing
90(32)
Regulating End Use
122(1)
Economics of Conservation Regulation
122(2)
The Oil and Gas Lease
124(206)
Purpose of the Lease and Nature of the Rights Created
126(2)
Purpose of the Lease
126(1)
Nature of the Leasehold Interest
126(1)
Significance of the Classification of Lease Interests
127(1)
Granting Clause: The Rights Granted
128(54)
Surface Uses Granted by the Lease
128(16)
Substances Granted by the Lease
144(1)
Lands and Interests Granted by, the Lease
144(3)
Basic Principles of Oil and Gas Taxation
147(5)
Maintaining the Lease by Paying Delay Rentals
152(17)
Maintaining the Lease by Commencing Drilling
169(13)
Habendum Clause: Extension and Maintenance of the Lease in the Secondary Term
182(48)
Production ``In Paying Quantities''
183(13)
Actual Production or Capability of Production?
196(7)
Savings Clauses as Substitutes for ``Production''
203(27)
Royalty Payments
230(55)
General Principles
230(1)
The Lease Royalty Obligation
231(54)
Covenants Implied in Oil and Gas Leases
285(45)
Nature and Classification of Covenants
286(8)
Implied Covenant to Protect Against Drainage
294(15)
Implied Covenants to Drill
309(13)
The Implied Covenant to Market
322(1)
The Implied Covenant to Operate Diligently and Properly
323(7)
Titles and Conveyances: Interests in Oil and Gas
330(158)
Distinction Between Mineral Interests and Royalty Interests
332(30)
Nature of the Interests
332(14)
Creation of Mineral and Royalty Interests
346(16)
Shared Ownership of Mineral Estate
362(30)
Concurrent Ownership
362(16)
Successive Ownership and Nonpossessory Interests
378(14)
Terminable Interests
392(9)
Executive Right in Mineral Interests
401(9)
Meaning of ``Minerals'' and Named Substances
410(22)
Conveyances of Fractional Interests
432(26)
Size of Interest Reserved or Conveyed
432(5)
Overconveyance: Duhig and its Progeny
437(12)
Proportionate Reduction Clause
449(7)
Mother Hubbard Clause
456(2)
Conveyances of Interests in Leased Land
458(30)
Conveyances ``Subject to'' an Existing Lease
458(17)
Nonapportionment Doctrine
475(11)
Top Leasing
486(2)
Interference With Interests in Oil and Gas
488(66)
Trespass and Related Actions
494(35)
Acquisition of Information
494(23)
Production of Minerals
517(6)
Slander of Title
523(6)
Loss of Title
529(25)
Adverse Possession
530(7)
Abandonment
537(5)
Liberative Prescription
542(3)
Dormant Mineral Interest Acts and Analogous Legislation
545(9)
Contracts and Transfers by the Lessee
554(114)
Lease Assignments
555(32)
Legal Requirements and Drafting Considerations
556(7)
Rights and Obligations of the Assignor and Assignee
563(16)
Lessor Rights Against Assignee
579(8)
Support Agreements
587(2)
Farmout Agreements
589(26)
Structure and Tax Implications
590(7)
Drilling Obligations
597(6)
Retained Interest
603(1)
Earned Interest
604(11)
Operating Agreements and Related Documents
615(33)
Operator Authority and Responsibility
616(13)
Nonoperator Liability for Costs
629(11)
Ownership and Marketing of Production
640(6)
Miscellaneous Provisions, Attachments and Exhibits
646(2)
Drilling and Service Contracts Finished
648(10)
Gas Purchase Contracts
658(10)
Pooling and Unitization
668(170)
Problem of Small Tracts
668(24)
Texas: Rule 37 Exceptions
670(20)
Kansas: Well Allowable Adjustments
690(2)
How Pooling Is Accomplished and Related Problems
692(58)
Community Lease
692(3)
Lease Pooling Clause
695(19)
Judicial Pooling
714(1)
Compulsory Pooling
714(32)
Conflicts Between Voluntary Agreements and Conservation Orders
746(4)
Effect of Pooling on Oil and Gas Interests
750(35)
Effect on Lessee's Operations
750(15)
Effect on Property Interests
765(3)
Effect on Nonoperating Interests
768(7)
Effect on Terminable Interests
775(10)
Unitization
785(53)
Shortcomings of Traditional Oil and Gas Conservation Policy
785(10)
What Is Enhanced Recovery?
795(5)
Establishment of Enhanced Recovery Units
800(9)
Liability to Nonparticipating Interests
809(12)
Duty to Commence or Cease Unit Operations
821(17)
Federal, State, And Indian Lands
838(182)
Development of Federal and Indian Lands
837(153)
Public Lands
838(22)
Offshore Lands
860(39)
Indian Lands
899(32)
Royalty Valuation and Payment
931(39)
Express ``Implied'' Covenants
970(12)
Exploratory Units, ``Communitization'' And Unitization
982(8)
State Lands
990(30)
Grant Lands
990(8)
Submerged and Offshore Lands
998(14)
Texas Relinquishment Act Lands
1012(8)
Environmental Regulation of the Oil & Gas Industry
1020(95)
Obtaining the Oil & Gas Lease
1021(40)
Land Use Considerations
1022(20)
Liability Considerations
1042(19)
Drilling Operations
1061(8)
Managing Drilling Wastes
1061(4)
Managing Water Discharges
1065(4)
Production Activities
1069(46)
Managing Produced Water
1070(7)
The Environmental Status of Oil
1077(28)
Wildlife Protection
1105(4)
Managing Air Emission
1109(3)
Emergency Planning Obligations
1112(3)
Index 1115

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