Brannon Properties, LLC v. Chesapeake Operating, Inc.

514 F. App'x 459
CourtCourt of Appeals for the Fifth Circuit
DecidedFebruary 21, 2013
Docket12-30306
StatusUnpublished
Cited by4 cases

This text of 514 F. App'x 459 (Brannon Properties, LLC v. Chesapeake Operating, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brannon Properties, LLC v. Chesapeake Operating, Inc., 514 F. App'x 459 (5th Cir. 2013).

Opinion

PER CURIAM: *

This diversity case turns on the interpretation of a Louisiana statute requiring the operator of an oil or gas well within a drilling unit to provide a detailed report to the unleased mineral owners. Brannon Properties (“Brannon”) sued Chesapeake Operating, Inc. (“Chesapeake”), contending that the report Chesapeake provided it under this statute did not meet the “detailed” requirement. The district court granted summary judgment to Chesapeake, and Brannon appeals. We REVERSE and REMAND.

FACTS AND PROCEEDINGS

Under Louisiana law, operators of oil or gas wells within a drilling unit “shall issue” to owners of land in the unit “a sworn, detailed, [and] itemized statement ... containing] the costs of drilling, completing, and equipping the unit well.” LA. REV. STAT. ANN. § 30:103.1 (emphasis added). If an operator fails to furnish this report within the time frame specified, the opera *460 tor “shall forfeit his right to demand contribution from the owner or owners of the unleased oil and gas interests for the costs of the drilling operations of the well.” Id. at § 30:103.2.

Brannon owns property in Caddo Parish, Louisiana that was unitized by the Louisiana Office of Conservation. Chesapeake currently operates one actively producing well in this unit. As an unleased mineral owner, Brannon requested a report pursuant to § 30:103.1. Chesapeake timely provided a report consisting of eighteen pages of itemized entries. Each entry gave the date and amount of the expenditure, as well as whether it was an “Intangible Drilling and Completion” cost or a “Tangible Drilling and Completion” cost, but no additional detail. Brannon brought suit against Chesapeake, seeking a court order that Chesapeake had forfeited its right to demand contribution for the well’s drilling and operating costs because its report was insufficiently detailed to comply with the statute.

After a hearing, the district court granted Chesapeake’s motion for summary judgment, concluding that Chesapeake’s report contained sufficient detail. In reaching this conclusion, the court noted initially that since “there is absolutely no case law” on the issue of what is “detailed enough” to meet the statutory requirement, it was forced to conduct its own interpretation of the provision. The court first looked to the plain meaning of the text. It determined that “the plain language and if you use the [Oxford English Dictionary], then this [report] isn’t, quote, detailed enough.” Nevertheless, it ultimately found that the report was “detailed enough, because the purpose of the statute is that you alert these non-participants as to how much it has cost and how long before you begin drawing your check.” Chesapeake’s report accomplished this purpose. Thus, in the district court’s opinion, Chesapeake had complied with § 30:103.1. Brannon appeals.

STANDARD OF REVIEW

We review a grant of summary judgment de novo, applying the same Rule 56 standard as the district court. In re Katrina Canal Breaches Litig., 620 F.3d 455, 459 (5th Cir.2010). “Summary judgment is warranted where there is no genuine issue as to any material fact and [] the movant is entitled to judgment as a matter of law.” Id. (alteration in original) (citation and internal quotation marks omitted). We review the district court’s interpretation of a statute de novo. Woodfield v. Bowman, 193 F.3d 354, 358 (5th Cir.1999).

DISCUSSION

Brannon claims that the district court erred in concluding that Chesapeake’s initial report was sufficiently detailed to satisfy § 30.103.1. It contends that, under the plain language of the statute, the report failed to satisfy any commonly accepted definition of “detailed.” Brannon further argues that the district court violated the rules of statutory construction when, notwithstanding the unambiguous text, it went on to consider the purpose of the statute. Finally, Brannon contends that, even if the district court properly considered the purpose of the statute, the court misunderstood that purpose and erred in finding that Chesapeake’s report fulfilled that purpose. We agree.

The district court’s grant of summary judgment was erroneous both because it looked to the purpose of the statute when the provision’s text was unambiguous and because the purpose it considered is contravened by the statutory language. Looking first to the text of § 30.103.1, the district court determined that, based on the plain language of the law, Chesa *461 peake’s report was not “detailed.” This conclusion is correct and should have ended the court’s statutory interpretation.

The district court determined that “if you use the O.E.D.” (Oxford English Dictionary) definition of “detailed,” the report was not “detailed enough.” 1 In making this determination, the district court implicitly concluded that, on this point, the statute “is sufficiently unambiguous to foreclose any contention” that the report provided enough information to meet the statutory requirement of detail. United States v. 92 Buena Vista Ave., 507 U.S. 111, 128, 113 S.Ct. 1126, 122 L.Ed.2d 469 (1993). Although the statute does not specify which details a report must contain, that lack of precision does not necessarily make the provision ambiguous. See State v. Evans, 214 La. 472, 38 So.2d 140, 142-43 (1948) (“The word ‘prospect’ has a well defined and a common accepted meaning. ... The same may be said of ‘mechanical devices’. It would be folly for the Legislature to define words in an act that have a common accepted meaning.... The ordinary man has no difficulty in understanding what prospecting for oil with mechanical devices means, especially when these phrases are used in connection with the oil industry. It is not necessary to state any and every mechanical device that might be used in the discovery of minerals in the statute.”); see also Hamling v. United States, 418 U.S. 87, 111, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (“That there may be marginal cases in which it is difficult to determine the side of the line on which a particular fact situation falls is no sufficient reason to hold the language too ambiguous.”).

Here, the district court determined that, given the commonly-understood, dictionary definition of “detailed,” the amount of information in Chesapeake’s report was not reasonably “detailed enough.” See In re La. Health Serv. & Indem. Co., 749 So.2d 610, 616 (La.1999) (explaining that a statute is ambiguous if it is susceptible of two reasonable interpretations).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

B A Kelly Land v. Aethon Energy
25 F.4th 369 (Fifth Circuit, 2022)
T D X Energy, L.L.C. v. Chesapeake Operating, Inc.
857 F.3d 253 (Fifth Circuit, 2017)
XXI Oil & Gas, LLC v. Hilcorp Energy Co.
206 So. 3d 885 (Louisiana Court of Appeal, 2016)
Xxi Oil & Gas, LLC v. Hilcorp Energy Company
Louisiana Court of Appeal, 2016

Cite This Page — Counsel Stack

Bluebook (online)
514 F. App'x 459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brannon-properties-llc-v-chesapeake-operating-inc-ca5-2013.