Texas Supreme Court Insists on Due Process — jimsmithlitigenv

Texas courts must take seriously any claim that testimony or documents may contain trade secrets. In some cases, courts may even exclude parties from evidentiary hearings, if necessary to protect trade secrets. On May 20, 2016, the Texas Supreme Court issued In Re M-I LLC, regarding a trade secret dispute between M-I, a Schlumberger affiliate, […] […]

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EPA Issues Final Rules to Reduce Methane Emissions from Oil and Gas Industry

On May 12, 2016, the United States Environmental Protection Agency (“EPA”) issued three related final rules directed at reducing methane emissions from the oil and natural gas sector.  EPA’s Fact Sheet indicates that these rules will build on EPA’s 2012 requirements for facilities involved in the production, processing, transmission, and storage of oil and natural […]

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Texas Court Rejects State’s Attempt to Hold LLC Manager Personally Liable for Environmental Violations

The Austin Court of Appeals has rejected the State’s attempt to hold the manager of a limited liability company (“LLC”) liable for the failures of the LLC to comply with environmental rules.  In Morello v. State, a civil enforcement case, the Austin Court rejected the State’s argument that Morello’s position as the LLC’s manager made […]

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Texas Supreme Court Restricts Power of Cities to Enforce Environmental Rules

The Texas Supreme Court struck down the attempt by the City of Houston to establish an independent enforcement mechanism for environmental permits and rules.  Current Texas law requires significant enforcement coordination between any local government and the Texas Commission on Environmental Quality (“TCEQ”).  In BCCA Appeal Group v City of Houston, the Court declared that […]

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