The Texas Supreme Court clarified key points of Texas law regarding the common law doctrine of nuisance, Crosstex North Texas Pipeline v. Gardiner, issued June 24, 2016. As I mentioned in an earlier alert about this case, at oral argument, the parties invited the Court to clarify some difficult concepts relating to nuisance; the Court […]Read more "Texas Supreme Court Issues Major Nuisance Decision"
UPDATE! Another recent Alert discussed the assessment of an $81 million civil penalty against Citgo in a Clean Water Act case. The $81 million assessment came in a second trial after the US Court of Appeals for the 5th Circuit had reversed an initial assessment of $6 million. In the reversal, the 5th Circuit stated […]Read more "Citgo and US Both Appeal $81M Water Penalty"
UPDATE! A recent Alert discussed EPA’s rules regulating methane emissions from oil and gas production and related facilities. On June 7, 2016, all three commissioners of the Railroad Commission of Texas (which regulates oil and gas production in Texas) requested that the Texas Attorney General file a Petition for Review challenging those regulations. The Railroad […]Read more "Texas Railroad Commission Asks Texas Attorney General to Challenge the EPA’s Methane Rules"
The Texas Supreme Court issued another trade secret decision on June 10, 2016. In Southwestern Energy Production Company v. Helfand, the Court reversed an award of over $11 million, but has allowed Helfand a second opportunity to prove damages at a new trial. Helfund presented confidential, trade secret data to Southwestern Energy Production Company (“SEPCO”) […]Read more "Texas Supreme Court Reverses Trade Secret Award, But Allows Another Opportunity to Prove Damages"
The Texas Supreme Court adopted the “accommodation doctrine” in a groundwater lease case. In doing so, the Court held that the person owning the right to produce groundwater must exercise its rights with due regard for the surface owner’s rights. The Court’s decision in Coyote Lake Ranch v. City of Lubbock appears consistent with a […]Read more "Texas Supreme Court Applies Accommodation Doctrine to Groundwater Leases"