Corporate Valuation, Oil & Gas
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November 21, 2017

Underpayments, Overpayments, Lost Opportunities and Bankruptcies: Trends and Happenings in Energy Litigation

At recent conferences, dialogue on trends and notable cases in litigation were an integral part of several presentations and discussions.  Although not typically a preferable option for litigants, these cases can bring light and insight to a number of areas.  Our experiences as expert witnesses can attest that these cases can have a broad-reaching impact for the litigants involved as well as for interested observers and even the community at large.

Over the last five years, or so, there has been an overall uptick in cases.  New royalty disputes, while rising steadily overall since 2012 took a big jump in 2015 and then came back down somewhat in 2016 and this year.  Cases having to do with land and lease rights have also risen overall in the past several years.  A recent notable case in this area has been Escondido Resources II, LLC v. Justapor Ranch Company, LLC (Webb County Trial Court 2013-CV7-0011396-D1).

Lastly, as we have written about in the past, bankruptcy cases also rose in 2015 and 2016, as the price of oil fell and many operators were unable to pay off large sums of debt.  While the number of oil and gas bankruptcies has since dropped, there are a number of companies that could still be described as distressed that have been unable to solve their balance sheet issues.

Three Main Royalty Dispute Issues

In regards to royalty disputes, there are generally three kinds of issues: (i) failure to pay, (ii) underpayment, and (iii) overpayment.

The trend in recent years has been centered mainly on underpayment issues.  Underpayment issues have often times revolved around disputes with post production costs in various lease clauses.  Historically, some notable cases here include Heritage Resources v. Nations Bank (939 S.W. 2nd), Hyder v. Chesapeake (04-12-0769-CV), and French v. Oxy (11-10-00282-CV).

In addition, there have been lost opportunity cases that are of note.

One such case is Spring Creek et al. v. Hess Bakken IV (14-CV-00134-PAB-KMT).  Both underpayment and lost opportunity issues are present in that case.  In that case Hess Bakken (and later Statoil) was required to pay ORRI’s to Spring Creek, but there were several disputes as to the Defendants’ requirements to pursue new leases and drill additional wells in the area (known as the “Tomahawk Prospect”) which would be subject to payments made to the Plaintiff.  Plaintiffs claimed damages in two areas: (i) the discounted present value of overriding royalty interest on areas of mutual interest (damages ranging between $24.2 million and $59.3 million), and (ii) the potential working interest in the same area ($182-403 million). The court granted a partial summary judgment for the defense denying working interest damages.

Conclusion

Royalty underpayment cases are anticipated to remain steady in the current pricing environment.  There is an understandable tension between mineral owners' concern over shrinking payments and operators' concern over profitability and favorable drilling economics.

Mercer Capital’s professionals have consulted and testified in a wide variety of energy litigation matters.  We have extensive experience in damages and valuation-related litigation support and assist our clients through the entire dispute process by providing initial consultation and analysis, as well as testimony and trial support.  To discuss a matter in confidence, please call one of our team members.

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Defying the Cycle: Haynesville Production Strength in a Shifting Gas Market
Defying the Cycle: Haynesville Production Strength in a Shifting Gas Market
Haynesville shale production defied broader market softness in 2025, leading major U.S. basins with double-digit year-over-year growth despite heightened volatility and sub-cycle drilling activity. Efficiency gains, DUC drawdowns, and Gulf Coast demand dynamics allowed operators to sustain output even as natural gas prices fluctuated sharply.
Haynesville Shale M&A Update: 2025 in Review
Haynesville Shale M&A Update: 2025 in Review
Key TakeawaysHaynesville remains a strategic LNG-linked basin. 2025 transactions emphasized long-duration natural gas exposure and proximity to Gulf Coast export infrastructure, reinforcing the basin’s importance in meeting global LNG demand.International utilities drove much of the activity. Japanese power and gas companies pursued direct upstream ownership, signaling a shift from traditional offtake agreements toward greater control over U.S. gas supply.M&A was selective but meaningful in scale and intent. While overall deal volume was limited, announced transactions and reported negotiations reflected deliberate, long-term positioning rather than opportunistic shale consolidation.OverviewM&A activity in the Haynesville Shale during 2025 was marked by strategic, LNG-linked transactions and renewed international investor interest in U.S. natural gas assets. While investors remained selective relative to prior shale upcycles, transactions that did occur reflected a clear pattern: buyers focused on long-duration gas exposure, scale, and proximity to Gulf Coast export markets rather than short-term development upside.Producers and capital providers increasingly refocused efforts on the Haynesville basin during the year, including raising capital to acquire both operating assets and mineral positions. This renewed attention followed a period of subdued transaction activity and underscored the basin’s continued relevance within global natural gas portfolios.Although the Haynesville did not experience the breadth of consolidation seen in some oil-weighted plays, the size, counterparties, and strategic motivations behind 2025 transactions reinforced the basin’s role as a long-term supply source for LNG-linked demand.Announced Upstream TransactionsTokyo Gas (TG Natural Resources) / ChevronIn April 2025, Tokyo Gas Co., through its U.S. joint venture TG Natural Resources, entered into an agreement to acquire a 70% interest in Chevron’s East Texas natural gas assets for $525 million. The assets include significant Haynesville exposure and were acquired through a combination of cash consideration and capital commitments.The transaction was characterized as part of Tokyo Gas’s broader strategy to secure long-term U.S. natural gas supply and expand its upstream footprint. The deal reflects a growing trend among international utilities to obtain direct exposure to U.S. shale gas through ownership interests rather than relying solely on long-term offtake contracts or third-party supply arrangements.From an M&A perspective, the transaction highlights continued willingness among major operators to monetize non-core or minority positions while retaining operational involvement, and it underscores the Haynesville’s attractiveness to buyers with a long-term, strategic view of gas demand.JERA / Williams & GEP Haynesville IIIn October 2025, JERA Co., Japan’s largest power generator, announced an agreement to acquire Haynesville shale gas production assets from Williams Companies and GEP Haynesville II, a joint venture between GeoSouthern Energy and Blackstone. The transaction was valued at approximately $1.5 billion.This acquisition marked JERA’s first direct investment in U.S. shale gas production, representing a notable expansion of the company’s upstream exposure and reinforcing JERA’s interest in securing supply from regions with strong connectivity to U.S. LNG export infrastructure.This transaction further illustrates the appeal of the Haynesville to international buyers seeking stable, scalable gas assets and highlights the role of upstream M&A as a tool for portfolio diversification among global utilities and energy companies.Reported Negotiations (Not Announced)Mitsubishi / Aethon Energy ManagementIn June 2025, Reuters reported that Mitsubishi Corp. was in discussions to acquire Aethon Energy Management, a privately held operator with substantial Haynesville production and midstream assets. The potential transaction was reported to be valued at approximately $8 billion, though Reuters emphasized that talks were ongoing and that no deal had been finalized at the time.While the transaction was not announced during 2025, the reported discussions were notable for both their scale and the identity of the potential buyer. Aethon has long been viewed as one of the largest private platforms in the Haynesville, and any transaction involving the company would represent a significant consolidation event within the basin.The reported talks underscored the depth of international interest in Haynesville-oriented platforms and highlighted the potential for large-scale transactions even in an otherwise measured M&A environment.ConclusionWhile overall deal volume remained selective, the transactions and reported negotiations in 2025 reflected sustained global interest in U.S. natural gas assets with long-term relevance. Collectively, the transactions and negotiations discussed above point to a Haynesville M&A landscape driven less by opportunistic consolidation and more by deliberate, long-term positioning. As global energy portfolios continue to evolve, the Haynesville basin remains a focal point for strategic investment, particularly for buyers seeking exposure tied to U.S. natural gas supply and LNG export linkages.
Mineral Aggregator Valuation Multiples Study Released-Data as of 06-11-2025
Mineral Aggregator Valuation Multiples Study Released

With Market Data as of June 11, 2025

Mercer Capital has thoughtfully analyzed the corporate and capital structures of the publicly traded mineral aggregators to derive meaningful indications of enterprise value. We have also calculated valuation multiples based on a variety of metrics, including distributions and reserves, as well as earnings and production on both a historical and forward-looking basis.

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