More From Arkansas On Oil, Gas and Minerals
In April, we reported on an Arkansas Supreme Court case which held that, at least as of 1934, the term “mineral rights” included oil and gas as a matter of law. But what about deeds of an older...
View ArticleOwners Who Purchased Property Prior To September 1993 Liable Under NJ Spill...
In July, 2001, the New Jersey Superior Court decided the case of White Oak Funding, Inc. v. Winning, 341 N.J. Super. 294 (App.Div.), cert. denied. 170 N.J. 209 (2001), holding that an owner of...
View ArticleDefining, or Redefining, “Force Majeure” in Oil and Gas Leases
Although they’ve been around forever, oil and gas leases continue to provide fodder for the courts, as we’ve discussed before, especially in light of the boom (or temporary bust, as some might argue)...
View ArticlePublic Interest Group Can’t Stand Up To Wal-Mart
A recent decision from the Appellate Division of the Supreme Court of New York reminds that one should never take for granted any procedural matter and, in particular, standing to sue. In Clean Water...
View ArticleArmy Corps’ Jurisdictional Determination Is Not A Final Agency Action Within...
The U.S. District Court for the Middle District of Louisiana recently ruled that an U.S. Army Corps of Engineers’ approved jurisdictional determination finding wetlands subject to the Clean Water Act...
View ArticleWho Goes There? NJ Supreme Court Holds that NJDEP Cannot Conduct...
Relying on the United States Constitution’s Fourth Amendment protection against unreasonable search and seizure, yesterday the New Jersey Supreme Court , in NJDEP v. Huber, ___ N.J. ____ (Apr. 4,...
View ArticleButler Decision Reversed And All Is Right With The World
In September of 2011, we first posted about the case of Butler v. Estate of Powers in which the Pennsylvania Supreme Court reversed a Pennsylvania trial court decision holding that, under long-standing...
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