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What is the standard of care imposed by the Model Form JOA on the well operator?
Background
Under a Model Form JOA, BPX as operator and Crimson and other non-operators drilled the McCarn A1H well. After a problem that prevented further drilling the parties agreed to plug and abandon the well.
BPX billed Crimson for its proportionate share of drilling expenses; Crimson refused to pay. In BPX’s suit to recover Crimson’s share of costs, Crimson asserted the affirmative defense of prior material breach by BPX’s failure to act as a prudent operator in drilling the well. Crimson argued the standard of care was a “reasonably prudent operator” while BPX relied on the exculpatory clause in Art. V.A of the JOA that excused liability unless BPX acted with gross negligence or willful misconduct.
County’s 2021 Energy Summit Early Registration Ends April 9
From May 4 through May 6, The Montgomery County Department of Environmental Protection (DEP) and the U.S. Green Building Council (USGBC) National Capital Region will be hosting the 2021 Montgomery County Energy Summit.
The Summit’s annual purpose has been to offer education centered around green building, energy efficiency, renewable energy and related topics relevant to projects in the county. The Summit aims to reach those who have the ability to make big changes in sustainable energy use across the county and greater DMV area including building owners, property managers, developers, energy contractors and other sustainability professionals.
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