Defining America’s Wetlands: The Supreme Court’s Decision in Sackett v. EPA
Texas Law Blog » Energy Law
by Andre Bellefontaine, Josiah Kollmeyer and Esteban Herrera
7M ago
On May 25, 2023, the United States Supreme Court ruled in favor of landowners seeking to build a modest home on “wetlands” in Sackett v. EPA. This ruling represents not only a clarification of a major law relevant to companies seeking to develop land near water bodies, but also a significant limitation on the EPA’s and Army Corps of Engineer’s power to regulate wetlands. The Supreme Court’s clarification of the Clean Water Act’s jurisdictional reach significantly benefits landowners from the standpoint of concerns over federal regulation of their property. However, the landowners must still c ..read more
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Ashes to Ashes, Dust to Dust, Could Carbon Capture Save the Climate Bust?
Texas Law Blog » Energy Law
by Hattie Guidry, Arielle Anderson, Jourdan Curet and Kristi Obafunwa
3y ago
Originally published in the Ark-La-Tex Association of Professional Landmen Register Carbon capture and storage (“CCS”) is the process of capturing carbon dioxide emissions from large point sources, and then transporting it to a storage location for deposit in underground formations where it will not re-enter the atmosphere.  By returning CO2 emissions that resulted from the oxidation of carbon when fossil fuels are burned to the place where the fossil fuels were extracted, CCS can reduce the amount of pollutants released into the atmosphere, thus, potentially limiting climate change.&nbs ..read more
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Texas’ Deep Freeze May Bring Wave of Energy Sector Bankruptcies
Texas Law Blog » Energy Law
by Katilyn Hollowell, J Eric Lockridge and Gordon Polozola
3y ago
Last month’s severe cold weather across the south, particularly Texas, while having immediate impacts on millions of Texas residents, are now beginning to show additional impacts to the energy industry. Millions of Texas residents suffered widespread, lasting power outages, burst water pipes, and other weather-related impacts from the icy weather. The impacts of the severe weather affected energy providers as well, who struggled to get electricity to their customers. Texas’ largest power generation and transmission cooperative, Brazos Electric Power Cooperative, Inc. (“Brazos”) filed for Chap ..read more
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Lyle v. Midway Solar: Shedding Light on the Application of the Accommodation Doctrine in a Dispute Between Owners of Mineral Rights and Solar Rights
Texas Law Blog » Energy Law
by James Dupuis
3y ago
The “accommodation doctrine” is a judicially created doctrine that governs the manner in which a mineral owner and surface owner may use the surface of a tract of land for their respective purposes.  The mineral estate is considered the “dominant” estate, and is permitted to use so much of the surface as is reasonably necessary for exploration and development of the minerals.  However, the mineral estate owner’s rights are not absolute.  The accommodation doctrine was adopted in Getty Oil Co. v. Jones, 470 S.W.2d 618 (Tex. 1971) to balance the rights of the surface and mineral ..read more
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Tighter pipeline regulations part of second COVID-19 stimulus package
Texas Law Blog » Energy Law
by Troy Charpentier
3y ago
On December 21, 2020 Congress passed the lengthiest piece of legislation in its history—nearly 5600 pages. While most Americans are focused on the provisions of the “Consolidated Appropriations Act, 2021” related to coronavirus response and recovery, it also included provisions that will directly impact pipeline operators. The “Protecting Our Infrastructure of Pipelines and Enhancing Safety Act of 2020” appears at page 2634. The Act contains two provisions which will expand federal regulation of the natural gas pipeline industry. First, the Act requires PHMSA to, “Not later than 90 days after ..read more
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Not So Inconvenient – Texas Forum Non Conveniens
Texas Law Blog » Energy Law
by John Jakuback
3y ago
At the time In re XTO Energy (In re XTO Energy, Inc., 2018 WL 2246216 (Tex. App.-Houston [1st Dist.]) was decided by the 1st Court of Appeal in May of 2018, Texas Appeals Courts had already issued a slew of cases in preceding years that looked very favorably upon defendant forum non conveniens motions when the incident, most of the witnesses, and evidence were located outside the State of Texas.   Defendants had obtained mandamus relief in numerous decisions leading up to In re XTO Energy: In re Mantle Oil & Gas (In re Mantle Oil & Gas, LLC, 426 S.W.3d 182, 187 (Tex. Ap ..read more
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Oil and Gas Contract Drafters: Say What You Mean to Say
Texas Law Blog » Energy Law
by Michael Sankey
3y ago
The drafters of an Assignment of Overriding Royalty Interest in Burlington Resources Oil & Gas Company, L. P. v. Texas Crude Energy, LLC did not “say what they meant to say” and received an admonition from the Texas Supreme Court. In Burlington, the Court determined a royalty interest owned by Texas Crude was subject to post-production costs. Burlington reinforces the holding in Heritage Resources, Inc. v. NationsBank, that a royalty is valued where the agreement states it will be valued. First, what are post-production costs and what effect do they have on a royalty interest? Post-produc ..read more
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Kean Miller Drills Deeper into Texas, Louisiana to Serve Energy, Oil & Gas, and Petrochemical Clients
Texas Law Blog » Energy Law
by Denise Duszynski-Trahan
3y ago
Kean Miller is growing again, opening offices in The Woodlands, Texas, and Lafayette, Louisiana, by combining with the energy-focused law firm Dupuis & Polozola. This expansion builds on Kean Miller’s Houston office opening in 2017 and strengthens the firm’s portfolio of legal and business services to energy, oil & gas, and petrochemical industry clients. The 10 lawyers with Dupuis & Polozola are experienced in all phases of upstream oil and gas exploration and production, handling transactional, regulatory, and litigation matters, as well as business and corporate, and real estat ..read more
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