Texas Supreme Court Takes Flexible Approach to Subsurface Rights

The Texas Supreme Court, in Lightning Oil v. Anadarko, determined that Anadarko’s drilling would not be a trespass, even though the drilling would penetrate Lightning Oil’s mineral leasehold. A surface owner allowed Anadarko, an energy company, to install a horizontal well.  Anadarko did not own the minerals below this surface tract; the well was to […]

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Conclusory “Boilerplate” Affidavits Can Not Rescue Nuisance Case from Dismissal

For permanent injuries to property caused by nuisance or trespass, the plaintiff must file suit within two years of the first injury, or the claim is barred by limitations. In Town of Dish v. Atmos Energy, the plaintiffs tried to claim that their injuries from noise and odors only started when the last of several […]

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ExxonMobil Hit with $20 Million Fine; Economic Benefit a Key Issue

Based largely on a determination that ExxonMobil received a multi-million dollar benefit from delaying certain pollution prevention projects, a trial judge issued revised Findings of Fact and Conclusions of Law (“Revised Findings”) and assessed a $20 million civil penalty for Clean Air Act violations.  This is the latest development in the citizen suit, Environment Texas […]

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President Trump’s Climate Change Action Will Not Lower the Standard of Care Regarding Climate Change Preparedness

In his Executive Order (“EO”) relating to the Clean Power Plan, President Trump rescinded a 2013 directive, EO 13653, along with other Obama era orders.  EO 13653 directed federal facility managers to consider ongoing effects of climate change as they develop and implement plans to maintain and protect federal assets.  Does this mean that private […]

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