“Production in Paying Quantities”: Louisiana Appellate Court Decides When and What Should be Considered in Determination
The Energy Law Blog
APRIL 29, 2016
The Louisiana Second Circuit Court of Appeal, in Middleton, et al. v. EP Energy E&P Company, L.P., et al., concluded that, in considering whether mineral leases terminated for failure to produce in paying quantities, a fact finder may consider periods of production years prior to filing suit, but must consider all factors which would influence a reasonably prudent operator to continue production, and at the summary judgment stage, cannot simply emphasize certain relevant evidence and disrega
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