Month: September 2016

Settling a TCEQ Enforcement Matter: Are You Getting the Best Result?

Companies ensnared in a Texas Commission on Environmental Quality (“TCEQ”) or other agency enforcement process often receive, early in the process, a proposed agreed order to resolve the matter.  Many companies, without the benefit of qualified counsel, accept these proposed settlements. I recently discussed this phenomenon with Jed Anderson, a well-known Texas environmental lawyer.  Jed […]

Read more "Settling a TCEQ Enforcement Matter: Are You Getting the Best Result?"

Looking for the Best Expert Witnesses? Remember Your Employees

One of the challenges in much of modern litigation is the portrayal of complex technical information to fact finders, be they judges, juries or arbitrators.  Companies involved in operations that depend heavily on scientific or other technical information, such as refineries, electric utilities, chemical manufacturers, and oil and gas producers, often need to bring or […]

Read more "Looking for the Best Expert Witnesses? Remember Your Employees"

Can a Court Require Environmental Remediation That Will Cost Far in Excess of Land’s Value? Texas Supreme Court May Decide

The Lazy R Ranch (“the Ranch”) sued ExxonMobil because of soil and groundwater contamination from historical oil and gas production in certain areas of the Ranch.  The Ranch did not seek money damages, but requested that the trial court issue an injunction requiring ExxonMobil to take action to prevent ongoing migration that could further contaminate […]

Read more "Can a Court Require Environmental Remediation That Will Cost Far in Excess of Land’s Value? Texas Supreme Court May Decide"

Texas Courts Have Limited Power to Restrict Discovery in Support of Out of State Cases

If a court of another state authorizes the deposition of a Texas resident, a Texas court cannot quash that deposition on the grounds that any testimony would be irrelevant in the underlying case, at least according to a Texas intermediate appellate court, the 14th Court of Appeals (“COA”).  According to the COA, only the court […]

Read more "Texas Courts Have Limited Power to Restrict Discovery in Support of Out of State Cases"