Who Should Not Hire Oil and Gas Lawyers?
Oil and gas attorneys mainly represent landowners and energy-producing businesses. The area of law offers attorneys the chance to practice in a variety of locales. However, most oil and gas lawsuits are federal law. But even federal law can apply to some state cases.
Oil and gas leases are normally issued by federal or state government agencies.
In such cases, the law considers the person who acquired the land to be its owner. He has the right to sue the government agency for the damages caused by his negligent actions. These lawsuits can further be based on negligence.
An action seeking compensation for oil and gas royalties owed on a lease can also seek compensation for any environmental harm done to the property.
There are cases where the drilling for oil or gas has resulted in significant damage to the environment. Such damage may result in water pollution, soil erosion, etc.
These lawsuits seek damages on behalf of all those who suffered from oil and gas related damage.
There are instances where drilling for oil or gas causes significant harm to the environment. There are also cases when natural resources have been polluted due to oil and gas mining. Thus, these lawsuits cover all those who suffered damage as a direct result of oil and gas mining and leasing activities.
Another case that can be filed in court is one that involves damages for injuries sustained while working on an oil and gas lease.
Most oil and gas leases require workers to sign non-disclosure agreements. This implies that the workers cannot talk about the nature of their job on any oil and gas lease.
Because of this requirement, those who signed the agreement may be unaware of the dangers related to working without proper safety equipment.
Such victims can file lawsuits for negligence that has resulted from their inability to work because of the danger presented by the drilling for oil and gas. Oil and gas laws require that companies that lease or drill on lands should provide workers with protective clothing, tools, and other information about oil and gas laws. This is to ensure that people working on oil and gas leases do not become injured and are not put at risk because of the drilling and its associated activities.
There are instances when the federal government enacts laws that specifically affect oil and gas leases.
The Fish and Wildlife Act, for example, require oil and gas companies to preserve certain areas for wildlife purposes. This includes certain types of habitat to help maintain fish stocks and sustain ecosystems. These special protection laws have helped the country to attain sustainable development. Oil and Gas Associations can also use these federal laws against oil and gas leases encroaching on certain underwater areas.
The federal government enacts royalty fees for oil and gas leases.
The fee is meant to compensate the government for the damage done to the lessee’s property. However, a lease without a royalty clause may not follow a legal route leading to a lawsuit from the lessee. If no royalty clause is included in the contract, the lessee can still initiate a suit if it is convinced that the company has acted unreasonably or in bad faith in violating the terms of the lease.
When lawyers handle oil and gas lease issues, they will look into any agreements made between the property owner and the entity buying the property at the lease.
This includes the amount paid by the owner as royalty and any amendments made to the original contract. The best way to approach this type of issue is to contact an attorney that focuses exclusively on this type of oil and gas issues. They will be able to explain the significance of the terms of the original agreement as well as possible interpretations that go beyond the surface.
Another area where oil and gas lawyers can be valuable comes in the form of easements.
Easements, also known as “landowners’ rights,” allow landowners to use their land without having to pay royalties or fees. The biggest problem with these types of agreements comes from the difficulty of proving that the owner was aware of the easement in the first place. This is because in many cases, the original document that describes the property and conveyed ownership was lost, destroyed or altered. In most states, landowners must take their case to court in order to receive compensation for losing their easement to the property owner.
There are many other aspects of oil and gas law that are important to consider.
It is best to consult with a professional who deals with this type of law. In the state of Texas, there is no law requiring landowners to disclose environmental impacts of drilling and other related activities on their land. If a company plans to drill on or near land that belongs to the state, it is crucial to find an attorney that has experience with federal government laws and state permitting requirements.
