UT Law Continuing Legal Education

49^th Annual Ernest E. Smith

Oil, Gas and Mineral Law Institute

Houston Apr 14, 2023 Royal Sonesta Hotel Houston
$400 Individual | $450 after Apr 5

$360 Group rate per person (5 registrants minimum) | $410 after Apr 5

$320 Group rate per person (10 registrants minimum) | $370 after Apr 5

Live Webcast Apr 14, 2023
$400 Individual | $450 after Apr 5

$360 Group rate per person (5 registrants minimum) | $410 after Apr 5

$320 Group rate per person (10 registrants minimum) | $370 after Apr 5

Register

Related products: eConference Materials

PRESENTED BY
The University of Texas School of Law

WEBCAST SPONSOR

LUNCHEON SPONSORS

INSTITUTE SPONSORS
Davis, Gerald & Cremer PC
Locke Lord LLP
McGinnis Lochridge
Scott Douglass & McConnico LLP

Download Brochure (PDF)

Overview

The Ernest E. Smith Oil, Gas and Mineral Law Institute continues to be the definitive course for attorneys, corporate lawyers, E&P operators, and landmen. The Institute brings together a distinguished faculty of academics and practitioners for presentations on the latest oil and gas developments.

2023 program highlights include:

Two-part Case Law Update showcasing recent decisions on oil and gas leases, royalties, mineral conveyances, joint operating agreements, state regulation, and related topics.
Examine recent cases across the country concerning subsurface property rights and hear a high-level account of the state of subsurface property law.
Devon v. Sheppard: Is Royalty Owed on Gross Proceeds or Gross Proceeds Plus?
Explore the use of equitable defenses in deed construction cases, and the application of Sun Oil to those defense.
Plus valuable information on the consequences of not complying with preferential rights to purchase, PPQ, surface conflicts between oil and gas and renewable energy developments and more.

Come a day early for Thursday's Fundamentals of Oil, Gas and Mineral Law—ideal for beginners and experienced practitioners seeking a refresher.

The Institute is jointly presented by The University of Texas School of Law and The Oil, Gas and Energy Resources Law Section of the State Bar of Texas.

Event Schedule

Program is subject to change.
All times are Central Time Zone.

Time

Credit

Subject

Speaker
Friday Morning
Presiding Officer:
Donato David Ramos Jr., Law Offices of Donato D. Ramos P.L.L.C. - Laredo, TX
7:30 am
Houston Only

Registration Opens

Includes continental breakfast.
8:00 am

Welcoming Remarks
8:10 am

0.75 hr

Case Law Update: Part One

Review recent decisions dealing with oil and gas leases, royalties, mineral conveyances, joint operating agreements, state regulation, and related topics.

Owen L. Anderson, The University of Texas School of Law - Austin, TX
8:55 am

0.50 hr

Revisiting “Waste”

A review of statutes prohibiting the production of oil and gas in a manner that constitutes “waste.” This session will consider whether: (a) waste is absolutely prohibited, or whether Courts should wholistically consider waste in conjunction with other factors; (b) common law and statutory remedies for waste; and (c) how to analyze waste in conjunction with competing uses of pore space, including carbon sequestration and wastewater disposal.

Michael K. Reer, Harris, Finley & Bogle, P.C. - Fort Worth, TX
9:25 am

0.75 hr

Subsurface Property Issues

Examine recent cases across the country concerning subsurface property rights and hear a high-level account of the state of subsurface property law. Cases to be covered will include Myers-Woodward, LLC v. Underground Services Markham, LLC (Tex. App. 2022) respacing the right to store oil in a salt cavern, Northwest Landowners Association v. State of North Dakota (N.D. 2022) holding that legislation limiting the rights of pore space owners to compensation for use of their pore space in oil and gas operations constituted a taking, and Continental Resources v. Fisher (D.N.D. 2021) involving claims for compensation for the use of pore space for saltwater disposal.

Joseph A. Schremmer, University of New Mexico School of Law - Albuquerque, NM
10:10 am

15 Minute Break
10:25 am

0.75 hr

Texas Railroad Commission Update

An update on current issues at the Texas Railroad Commission – from the perspectives of landowners and operators – focused on the latest developments with allocation wells and the Mineral Interest Pooling Act. Texas Operators are increasingly using allocation and production sharing agreement (“PSA”) wells for drilling horizontal laterals. But the Austin Court of Appeals, in Opiela v. RRC, has been asked to review the Commission’s methods for permitting allocation and PSA wells. What is at issue in that case, and what could the future hold for this type of development? Meanwhile, Texas is not known for strong forced pooling, but the Mineral Interest Pooling Act has seen a resurgence at the Railroad Commission. How is the MIPA being used in Texas today?

Mark W. Hanna, Scott Douglass & McConnico LLP - Austin, TX
Ryan Lammert, Uhl, Fitzsimons, Burton, Wolff & Rangel, PLLC - San Antonio, TX
11:10 am

0.50 hr

Devon v. Sheppard: Is Royalty Owed on Gross Proceeds or Gross Proceeds Plus?

Hear the two approaches argued before the Texas Supreme Court.

Charles (Skip) Watson, Greenberg Traurig, LLP - Austin, TX
Jordan K. Mullins, McGinnis Lochridge - Austin, TX
11:40 am
Houston Only

Pick up Lunch

Included in registration.
Friday Afternoon
Presiding Officer:
Donato David Ramos Jr., Law Offices of Donato D. Ramos P.L.L.C. - Laredo, TX
LUNCHEON PRESENTATION
Thank You to Our Luncheon Sponsor
12:00 pm

1.00 hr ethics

Alternative Dispute Resolution in Energy Cases

The presentation will address developing successful alternative dispute programs for energy cases, implementing those programs, and ethical issues related to arbitrator selection.

David E. Harrell Jr., Locke Lord LLP - Houston, TX
1:00 pm

15 Minute Break
1:15 pm

0.50 hr

Case Law Update Part 2

Review recent decisions dealing with oil and gas leases, royalties, mineral conveyances, joint operating agreements, state regulation, and related topics.

Owen L. Anderson, The University of Texas School of Law - Austin, TX
1:45 pm

0.50 hr

Rules of Interpretation and Canons of Construction

Discuss the differences between rules of interpretation and canons of construction, when and how courts apply each to construe unambiguous instruments, and recent case law providing additional guidance on the greatest possible estate rule.

Lad Stricker, Sanders Bajwa LLP - Austin, TX
2:15 pm

0.50 hr

Takings of Oil and Gas Infrastructure: Highest and Best Use, Remainder Damages, Costs to Cure, and Related Issues

With the large population growth in Texas and surge of infrastructure projects, we are seeing increased takings of oil and gas infrastructure by government entities. There are many valuation issues that must be considered when maximizing compensation.

Justin A. Hodge, Marrs Ellis & Hodge LLP - Houston, TX
Joe Regan, Jackson Walker LLP - Fort Worth, TX
2:45 pm

10 Minute Break
2:55 pm

0.50 hr

“To Equity or Not? The Role of Equitable Defenses in Deed Construction Cases”

This presentation will focus on the use of equitable defenses in deed construction cases (e.g., estoppel by deed, waiver, ratification, judicial estoppel, etc.), and further, the application of Sun Oil to those defense.

Reagan Marble, Jackson Walker LLP - San Antonio, TX
3:25 pm

0.75 hr
0.25 hr ethics

The Consequences of Not Complying With Preferential Rights to Purchase, Consents to Assign or Other Restraints on Assignment

Hear about enforceability issues for these common, but inconvenient (for buyers and sellers), restraints on the assignment of oil and gas interests. Evaluate the consequences of imperfect compliance or outright disregard by buyers and sellers, exercise attempts by preferential right holders, and the remedies for holders of these restraints, and defenses in play for sellers and buyers when a breach is asserted.

Terry I. Cross, McClure & Cross LLP - Dallas, TX
4:10 pm

0.50 hr

Holding onto Legacy Leasehold: Cessation of Production and Production in Paying Quantities Issues in the Permian

Jacob M. Davidson, Davis Gerald & Cremer - Midland, TX
4:40 pm

0.50 hr

Inherent Surface Conflicts Between Oil and Gas and Renewable Energy Operations/Development

Austin W. Brister, McGinnis Lochridge - Houston, TX
5:10 pm

Adjourn

Download Schedule

Conference Faculty

Owen L. Anderson

The University of Texas School of Law
Austin, TX

Austin W. Brister

McGinnis Lochridge
Houston, TX

Terry I. Cross

McClure & Cross LLP
Dallas, TX

Jacob M. Davidson

Davis Gerald & Cremer
Midland, TX

Mark W. Hanna

Scott Douglass & McConnico LLP
Austin, TX

David E. Harrell Jr.

Locke Lord LLP
Houston, TX

Justin A. Hodge

Marrs Ellis & Hodge LLP
Houston, TX

Ryan Lammert

Uhl, Fitzsimons, Burton, Wolff & Rangel, PLLC
San Antonio, TX

Reagan Marble

Jackson Walker LLP
San Antonio, TX

Jordan K. Mullins

McGinnis Lochridge
Austin, TX

Michael K. Reer

Harris, Finley & Bogle, P.C.
Fort Worth, TX

Joe Regan

Jackson Walker LLP
Fort Worth, TX

Joseph A. Schremmer

University of New Mexico School of Law
Albuquerque, NM

Lad Stricker

Sanders Bajwa LLP
Austin, TX

Charles (Skip) Watson

Greenberg Traurig, LLP
Austin, TX

Planning Committee

Donato David Ramos Jr.—Chair

Law Offices of Donato D. Ramos P.L.L.C.
Laredo, TX

Kelli Tieken Kenney—Co-Chair

McElroy, Sullivan, Miller & Weber, LLP
Austin, TX

Zachary Edward Bernard

Baker & Hostetler LLP
Houston, TX

Gregory C. Cox

EOG Resources, Inc.
Houston, TX

Jacob M. Davidson

Davis Gerald & Cremer
Midland, TX

Brandon Durrett

Jackson Walker LLP
San Antonio, TX

Monika U. Ehrman

Southern Methodist University Dedman School of Law
Dallas, TX

Wilburn John English Jr.

W. John English, Attorney at Law
Houston, TX

Karolyn Gillespie

Verdun Oil Company

Jorge I. Gutierrez

Zephyr Energy
Annapolis, MD

Robert G. Hargrove

Davis, Gerald & Cremer PC
Austin, TX

Christopher Michael Hogan

Hogan Thompson LLP
Houston, TX

Norma Rosner Iacovo

Tenaska Power Services Co.
Arlington, TX

Michael D. Jones

Jones Gill Porter Crawford & Crawford LLP
Houston, TX

Carroll G. Martin

Scott Douglass & McConnico LLP
Austin, TX

Ricardo E. Morales

Person, Mohrer, Morales, Boddy, Garcia & Gutierrez PLLC
Laredo, TX

David Michael Patton

Locke Lord LLP
Houston, TX

Michael P. Pearson

Jackson Walker LLP
Houston, TX

J. Derrick Price

McGinnis Lochridge
Austin, TX

William W. Pugh III

Liskow & Lewis
Houston, TX

Jamie S. Rangel

Uhl, Fitzsimons, Burton, Wolff & Rangel, PLLC
San Antonio, TX

April Rogers

The University of Texas School of Law
Austin, TX

Ernest E. Smith

The University of Texas School of Law
Austin, TX

George A. Snell III

Snell Law Firm
Amarillo, TX

Jeff Weems

Staff Weems LLP
Houston, TX

Katy Wehmeyer

Santoyo Wehmeyer P.C.
San Antonio, TX

MCLE Credit

Texas – 8.00 hrs | 1.25 hrs Ethics
Legal Specialization(s): Administrative Law, Oil, Gas and Mineral Law, Property Owners Association Law, Real Estate Law

You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Monday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com

California – 8.00 hrs | 1.25 hrs Ethics

At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE will maintain Attendance Records for four years.

Kansas – 8.00 hrs

You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Kansas Continuing Legal Education Commission (KSCLE) within 30 days after the conference. UT Law CLE will maintain Attendance Records for four years.

Louisiana – Expected – 8.00 hrs | 1.25 hrs Ethics

At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Supreme Court of Louisiana Continuing Legal Education Committee within 30 days after the conference.

New Mexico – Expected – 8.00 hrs | 1.25 hrs Ethics

At the conference, you will need to sign in on the Record of Attendance form at the registration desk. UT Law CLE will report credit on your behalf to the State Bar of New Mexico within 30 days after the conference. You will receive a Certificate of Attendance at the conference to keep for your records.

North Dakota – 8.00 hrs | 1.25 hrs Ethics

You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. Attendees must self-report their attendance to North Dakota using the course number assigned. If you have any questions please contact Laura Tolin - ltolin@law.utexas.edu.

Ohio – 8.00 hrs | 1.25 hrs Ethics

UT Law CLE will report credit on your behalf to The Supreme Court of Ohio within 30 days after the conference. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. You may also need to sign in at the registration desk if you are attending the live conference - please see staff for details.

Oklahoma – 9.50 hrs | 1.50 hrs Ethics

At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.

Pennsylvania – 8.00 hrs | 1.25 hrs Ethics

UT Law CLE is an approved provider of Pennsylvania credit, sponsor #236. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. You may also be required to sign-in at the registration desk if you are attending in-person - please see staff onsite for more details. Attorney attendance will be reported to Pennsylvania within 2 weeks of the webcast conclusion. Attorneys are not able to report this credit on their own, and UT Law CLE pays all associated fees for the credit hours. Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

Other States – 8.00 hrs | 1.25 hrs Ethics

Note on Self-Reporting Your Credits in Another State

If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state to ensure it will qualify for self-reporting your credits.

At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records.

MCLE credit is presented based on a 60-minute credit hour.

Other Credit

Certified Professional Landman (AAPL) – 8.00 hrs

Following the conference, UT CLE will send attendees a certificate of attendance with the AAPL course number and reporting information included.
http://www.landman.org

Registered Landman (AAPL) – 8.00 hrs

Following the conference, UT CLE will send attendees a certificate of attendance with the AAPL course number and reporting information included.
http://www.landman.org

Registered Professional Landman (AAPL) – 8.00 hrs

Following the conference, UT CLE will send attendees a certificate of attendance with the AAPL course number and reporting information included.
http://www.landman.org

TX Accounting CPE – 9.50 hrs

The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

MCLE Credit

Texas – 8.00 hrs | 1.25 hrs Ethics
Legal Specialization(s): Administrative Law, Oil, Gas and Mineral Law, Property Owners Association Law, Real Estate Law

UT Law CLE will report credit to the State Bar of Texas on your behalf. If you are claiming credit in the last week of your birth month, self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Completion will be emailed to you upon claiming credit.

California – 8.00 hrs | 1.25 hrs Ethics

Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. Print and keep the Certificate of Completion for your records. A Certificate of Completion will be emailed to you upon claiming credit.

Kansas – 8.00 hrs

UT Law CLE will report credit on your behalf to the Kansas Continuing Legal Education Commission (KSCLE) within 30 days after the conference. UT Law CLE will maintain Attendance Records for four years.

Louisiana – Expected – 8.00 hrs | 1.25 hrs Ethics

To claim Louisiana MCLE credit, Louisiana credit option must be selected PRIOR to viewing the live webcast. UT Law CLE will report credit on your behalf to LSBA within 30 days after the conference.

New Mexico – Expected – 8.00 hrs | 1.50 hrs Ethics

UT Law CLE will report credit on your behalf to the State Bar of New Mexico within 30 days after the conference. You will receive a Certificate of Attendance at the conference to keep for your records.

North Dakota – 8.00 hrs | 1.25 hrs Ethics

Attendees must self-report their attendance to North Dakota using the course number assigned. If you have any questions please contact Laura Tolin - ltolin@law.utexas.edu.

Ohio – 8.00 hrs | 1.25 hrs Ethics

UT Law CLE will report credit on your behalf to The Supreme Court of Ohio within 30 days after the conference. You will receive a Certificate of Attendance at the conference to keep for your records.

Oklahoma – 9.50 hrs | 1.50 hrs Ethics

The University of Texas School of Law (Provider #169) live webcast presentations meet the requirements and are presumptively approved by the Oklahoma Bar Association for MCLE credit based on a 50-minute credit hour. This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Oklahoma MCLE credit, Oklahoma credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the webcast.

Pennsylvania – 8.00 hrs | 1.25 hrs Ethics

UT Law CLE is an approved provider of Pennsylvania credit, sponsor #236. Attorney attendance will be reported to Pennsylvania within 2 weeks of the webcast conclusion. Attorneys are not able to report this credit on their own, and UT Law CLE pays all associated fees for the credit hours. Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

Other States – 8.00 hrs | 1.25 hrs Ethics

Note on Self-Reporting Your Credits in Another State

To claim Other States MCLE credit, Other States credit option must be selected PRIOR to viewing the live webcast. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records.

This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

MCLE credit is presented based on a 60-minute credit hour.

Other Credit

Certified Professional Landman (AAPL) – 8.00 hrs

Following the webcast, UT CLE will send attendees a certificate of attendance with the AAPL course number and reporting information included.
http://www.landman.org

Registered Landman (AAPL) – 8.00 hrs

Following the webcast, UT CLE will send attendees a certificate of attendance with the AAPL course number and reporting information included.
http://www.landman.org

Registered Professional Landman (AAPL) – 8.00 hrs

Following the webcast, UT CLE will send attendees a certificate of attendance with the AAPL course number and reporting information included.
http://www.landman.org

TX Accounting CPE – 9.50 hrs

The University of Texas School of Law (Provider #250) live webcast presentations meet the requirements and are presumptively approved by the Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Texas Accounting CPE credit, the Texas Accounting CPE credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. Self-report your CPE credit directly to the Texas State Board of Public Accountancy.

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

Key Dates

Houston – Apr 14, 2023 – Royal Sonesta Hotel Houston

Live Webcast – Apr 14, 2023