One of the key lessons in Fasken Oil, as in all of the Texas Supreme Court’s royalty opinions, is that producers and royalty owners should strive to ensure that their royalty agreements plainly say exactly what they intend for them to mean.
The Department of Justice has renamed its Environment and Natural Resources Division (ENRD) the Energy and Natural Resources Division. The rename is not just a branding exercise. It aligns DOJ’s environmental and natural resources litigation shop with the Administration’s broader energy program.
For energy companies, developers, and investors, success in 2026 will depend not only on understanding the rules, but on strategically navigating a rapidly changing regulatory landscape.
Cybersecurity and privacy are no longer back-office concerns for the energy sector; they are front-line legal and operational risks.
In a significant decision impacting the utility and energy industries, the Texas Supreme Court recently issued an opinion in Boerschig v. Rio Grande Electric Cooperative, Inc., making clear the limited scope of an easement by estoppel.
The Rule Against Perpetuities remains a powerful, and often underestimated, constraint on energy transactions. Left unaddressed, it can undermine deal value, cloud title, and disrupt operations long after closing.
Emerging technologies are actively transforming how energy companies operate, transact, and compete. From blockchain-enabled digital tokens to the rapid rise of generative AI, these tools offer significant upside, but also introduce legal, regulatory, and operational risks.
Recent Texas court decisions are redefining core principles in oil and gas law - from joint operating agreements and insurance coverage to subsurface ownership and royalty rights.
