Oil and Gas Law

This course will explore the law that applies to extracting and transporting oil and gas resources in the United States. The first several days of the course will describe the process of locating minerals underground and drilling and hydraulic fracturing for natural gas and oil, as these processes and technical terms for these processes will arise in many of the cases that we will explore. After students have a basic understanding of the oil and gas development process, we will address the many types of law that apply to oil and gas extraction and transportation, including public law regulations and statutes as well as common law property, contract, and tort, among other laws. Using recent cases, we will explore who owns minerals and in what form; how mineral owners commonly “lease” minerals to energy companies and obtain bonuses, royalties and other payments in return; disputes that arise between mineral lessors and lessees over royalty payments and other lease issues; disputes between those who own minerals and those who own the surface; and environmental and social issues that arise during the drilling process and the lease terms and regulations that address these issues. We will also address recent court decisions that address state preemption of local oil and gas regulation. Finally, we will spend several days exploring the regulation of natural gas and oil pipelines, including the construction, siting, and operation of pipelines, and we will briefly touch upon export policies.