Cooper-Clark Foundation v. Scout Energy Management

Summary

The Kansas Supreme Court answered a certified question on the meaning of “marketable” under the marketable condition rule in oil‑and‑gas leases. It held that the rule is not categorical and must be applied case‑by‑case, giving effect to express lease terms first and using the rule only to fill gaps. The duty to make gas marketable does not end merely when the gas can be sold in any market, but requires factual analysis of the intended market and lease language.