Texas Oil & Gas Association (TXOGA), Supreme Court of Texas

Prepared amicus brief for TXOGA in support of respondent COG Operating in the high-profile Cactus Water Services v. COG Operating matter. TXOGA argued the Appellant’s position that surface owners, rather than operators, own produced water from oil and gas operations would upend the State of Texas’s regulatory regime and threaten the continued operations of nearly every oil and gas producer in the State. The Supreme Court affirmed the Court of Appeals’ judgement that oil and gas operators, not surface owners (or their assigns) have the right to possession, custody, control, and disposition of water in the liquid waste from oil and gas production.

Type of Case: Amicus Curiae Briefs, Appellate Litigation, Produced Water Disputes in Texas, Lease Ownership Disputes, Royalty Litigation

Texas Oil & Gas Association (TXOGA), Austin Court of Appeals

Submitted amicus curiae brief on behalf of TXOGA in case involving PSA well. Lessor argued that lease language forbidding pooling prohibited the operator from drilling a PSA well across the lease. Amicus curiae brief on behalf of TXOGA explained the nature of PSA and allocation wells and their importance to the industry and argued that PSA wells are not form of pooling. The Austin Court of Appeals agreed, ruling in favor of the operator.

Type of Case: Amicus Curiae Briefs, Allocation Well Disputes in Texas

Texas Oil & Gas Association (TXOGA), Supreme Court of Texas 

Submitted amicus curiae brief on behalf of TXOGA in lease interpretation case. Lessor argued that operator had failed to drill a required offset well under the lease. The Court of Appeals agreed with the lessor. Amicus curiae brief on behalf of TXOGA explained the purpose and history of offset provisions and argued that the Court of Appeals' interpretation was illogical. The Texas Supreme Court reversed the lower court, ruling in favor of the operator.

Type of Case: Amicus Curiae Briefs, Offset Well Disputes