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2014 Annual Oil and Gas Law Update

Lee Fanyo, Proceedings of 60th Annual Rocky Mountain Mineral Law Institute (2014)

This chapter summarizes recent statutory, regulatory, and common law developments concerning upstream oil and gas development in the United States that have occurred since the 2013 Annual Institute.
§ 10.02 Arkansas
[1] Cases
[a] Language of Release--Chesapeake Exploration, LLC v. Whillock1
The Court of Appeals of Arkansas held that a release of an oil and gas lease by Chesapeake Exploration, LLC (Chesapeake) was not a general release of all claims against the lessors …
§ 10.03 California
[1] Statutes/Regulatory
[a] Hydraulic Fracturing/Groundwater
In September 2013, Senate Bill 4 (SB 4) amended the California Public Resources Code and the California Water Code. …
§ 10.04 Colorado
[1] Cases
[a] Title Opinions--DCP Midstream, LP v. Anadarko Petroleum Corp.21
The Supreme Court of Colorado held that attorney-authored title opinions containing legal advice based on a confidential client communication generally fall within the attorney-client privilege …
[b] Rule Against Perpetuities--Atlantic Richfield Co. v. Whiting Oil & Gas Corp.31
The Supreme Court of Colorado held that an option to purchase real property that is revocable at any time before its exercise does not violate the common law rule against perpetuities. …
[2] Statutes/Regulatory
[a] Recording Requirements
In response to the Supreme Court of Colorado's