Split Estates: A New Equilibrium Between Surface and Mineral Owners

The inaugural speaker was Bruce Kramer, who spoke on “Split Estates: A New Equilibrium between Surface and Mineral Owners.” Kramer was formerly the Maddox Professor of Law at Texas Tech University School of Law and is a co-author of a four-volume treatise titled The Law of Pooling and Unitization and a casebook titled Cases and Materials on Oil and Gas Law. He is a trustee of the Rocky Mountain Mineral Law Foundation and the Energy and Mineral Law Foundation and chair of the Advisory Board of the Institute of Local Government of the Center of American and International Law

Protecting the High-Tech Frontier: The Need for Stronger Process Patent Laws

But difficulties exist in transforming technological possibilities into realities. Aside from scientific and engineering problems, legal obstacles stand in the way of technological development. One major legal impediment is the lack of protection afforded by U.S. process patent laws. All too often, foreign companies infringe on process patents obtained by American companies. For example, Sohio developed a process to manufacture ceramic heat seals for turbine engines and obtained a patent on it, but Japanese competitor Kyocera soon entered the market with a similar process. Other major companies which claim their process patents have been violated include Allied-Signal, Corning Glass Works, Schering-Plough, Merck, and DuPont. To deter foreign companies from infringing on U.S. process patents in the future, it is clear that action must be taken to strengthen process patent protection

In Re Newman: The Federal Circuit Dismantles An Obstacle For Perpetual Motion Patent Applicants

This note first gives a general background on perpetual motion, because a basic understanding of the subject is helpful in getting a good perspective on the case. Next, the note provides the factual setting of the case leading to the court\u27s decision. Then, the note examines the rationale the court used in reaching its decision. Lastly, the note provides additional insight into the legal problems posed by perpetual motion, both in general and in the In re Newman case in particular

Split Estates: A New Equilibrium Between Surface and Mineral Owners

The inaugural speaker was Bruce Kramer, who spoke on “Split Estates: A New Equilibrium between Surface and Mineral Owners.” Kramer was formerly the Maddox Professor of Law at Texas Tech University School of Law and is a co-author of a four-volume treatise titled The Law of Pooling and Unitization and a casebook titled Cases and Materials on Oil and Gas Law. He is a trustee of the Rocky Mountain Mineral Law Foundation and the Energy and Mineral Law Foundation and chair of the Advisory Board of the Institute of Local Government of the Center of American and International Law

Pooling for Horizontal Wells: Can They Teach an Old Dog New Tricks?

74 pages. This paper was originally published as: Bruce M. Kramer, “Pooling for Horizontal Wells: Can They Teach an Old Dog New Tricks?,” 55 Rocky Mt. Min. L. Inst. 8-1, § 8.05 (2009)

The 1977 Clean Air Act Amendments: A Tactical Retreat from the Technology-Forcing Strategy?

This Article considers post-Union Electric litigation involving stationary sources and the original technology-forcing strategy, and analyzes the impact of the 1977 Amendments on the continued viability of the technology-forcing strategy for stationary sources

Local Land Use Regulation of Oil and Gas Development: Pumpjacks and Preemption

Today, the regulation of oil and gas exploration and production activities by substate governmental units has reemerged after a lengthy quiescent period. Oil and gas activities obviously take place where the oil and gas is located. Historically that has been in rural areas, although there are clear exceptions. Population growth and urban sprawl has brought the citizenry to where the oil and gas wells are. People who move to the country not only want urban amenities, they also want the peace and quiet that they believe exists in the idyllic rural surroundings. One does not want to exchange the noise of the bus or emergency medical vehicle for the noise of the pump jack and the drilling rig. An additional factor causing this increase in substate unit regulation is the expansion of land use powers from municipalities to counties. Historically, municipalities were the substate units that engaged in land use regulation. Counties, the usual provider of governmental services in the rural regions of the United States, were often the stepchild of substate units lacking most of the traditional police powers exercised by the cities. In addition, counties were often left out of the home rule movement that transformed local governmental law in the 20th Century. As will be explained later, the concept of home rule gives substate units substantially greater freedom to exercise the t of home rule gives substate units substantially greater freedom to exercise the police power than had existed prior to the adoption of constitutional and statutory home rule regimes. All of these developments now make the understanding of local land use regulatory mechanisms important for all of the interested parties in oil and gas development, royalty interest owners, working interest owners and surface owners

Pooling for Horizontal Wells: Can They Teach an Old Dog New Tricks?

74 pages. This paper was originally published as: Bruce M. Kramer, “Pooling for Horizontal Wells: Can They Teach an Old Dog New Tricks?,” 55 Rocky Mt. Min. L. Inst. 8-1, § 8.05 (2009)