FM O&G v. 1776 ENERGY PARTNERS

No. 22-0095.

672 S.W.3d 391 (2023)

FREEPORT-McMORAN OIL & GAS LLC and Ovintiv USA Inc., Petitioners, v. 1776 ENERGY PARTNERS, LLC, Respondent.

Supreme Court of Texas.

OPINION DELIVERED: May 19, 2023.


Attorney(s) appearing for the Case

Eric Utermohlen , Dallas, Rodney Lee Drinnon , Houston, for Respondent.

Shannon H. Ratliff , Lisa A. Paulson , Austin, for Amicus Curiae Texas Oil and Gas Association.

James J. Ormiston , Kelley Clark Morris , Houston, David Leonard Jr. , for Petitioner.


An operator of oil-and-gas wells withheld production payments it was contractually obligated to make to one of the wells' owners. It did so in reliance on a statutory provision—commonly referred to as a "safe harbor" provision—that permits...

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