the author’s opinion that this case should be ignored as a basis for the creation of the cause of action of ‘willful commingling’. Commingling is and should remain only an evidentiary rule to allow the trier of fact to determine whether or not the aliquot share of the Aggrieved Party can be determined with reasonable certainty.
Thereafter, at the close of both the Commingler’s and Aggrieved Party’s cases, the jury should only be charged to make a finding whether, as a matter of fact, commingling of oil and/or gas by the Commingler took place. The wrongfulness of the Commingler’s act of commingling has no place in this part of the jury charge. Rather, it is the proof of the underlying cause of action, coupled with a fact finding of commingling, which allows a jury to determine damages for the underlying cause of action. In the author’s opinion, this case provides no legal support for whether “willful commingling” is or is not a separate and distinct cause of action. It is further
© Terry E. Hogwood 2020
About the Author: Terry E. Hogwood is a Texas licensed oil, gas and title attorney who has been in the legal practice for over 47 years. His CV and other background information can be found at terryehogwoodattorney.com
Colorado Oil and Gas Conservation Commission
Colorado
In June, Governor Jared Polis named a new five- member commission to oversee implementation of Senate Bill 181. Senate Bill 181 enacted sweeping reforms of the Colorado mineral extraction laws, putting public health and environmental concerns ahead of production and also gave local governments more authority in regulating oil and gas activity within their boundaries. SB181 required that a professional commission be appointed by the governor by July 1, 2020 to replace the nine member volunteer commission at the Colorado Oil and Gas Conservation Commission (COGCC). The volunteer commission has approved regulations over the past year, including requirements for testing and ensuring integrity of flow lines and making sure unused lines are shut down properly, rules calling for more frequent inspections of oil and gas equipment (approved by the Colorado Air Quality Control Commission) and rules dealing with wellbores to ensure that no fracking fluids, oil or gas are allowed to escape and contaminate groundwater. The current COGCC director, Jeff Robbins, will serve as chair of the new commission. The other four commission members have varied expertise to bring to the commission: Priya K. Nanjappa is director of operations at Conservation Science
Partners Inc; Karin L. McGowan is deputy executive director of the Colorado Department of Public Health and Environment; John Messner, a commissioner for Gunnison County, will voice a local government perspective and Bill Gonzalez is a former land manager for Occidental Petroleum. Amidst the global pandemic, a downturn in the energy industry and the worldwide decrease in demand, the commission will work to ‘streamline the process and increase regulatory efficiency in Colorado’, according to a statement by Governor Polis.
Source: The Denver Post
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