Texas Wesleyan Law Review
No opinions were issued by the New Mexico Supreme Court during the survey period relating to oil and gas law. However, on August 24, 2012, the New Mexico Supreme Court issued its opinions in Edwin Smith, L.L.C. v. Synergy Operating2 and ConocoPhillips Company v. Patrick H. Lyons, both of which involve oil and gas properties. The Lyons opinion touched on a number of significant oil and gas issues, including the implied duty to market and the marketable condition rule in New Mexico, but again declined to address the marketable condition rule as unnecessary given the statutory origin of the state lease forms at issue. Even more significantly, the New Mexico Supreme Court requested briefing on, but as of the date of this review has not yet ruled on, whether it will accept the case for reconsideration.
Derek V. Larson,
New Mexico Oil and Gas Update,
Tex. Wesleyan L. Rev.
Available at: https://doi.org/10.37419/TWLR.V19.I2.21