Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Fort Worth 4th Street Partners, L.P. v. Chesapeake Energy Corp., 882 F.3d 574 (5th Cir. 2018) held that the surface use damages payment provision in a Surface Use Agreement was a […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Forest Oil Corporation v. El Rucio Land and Cattle Company, Inc. Forest Oil Corp. v. El Rucio Land & Cattle Co., Inc., 518 S.W.3d 422 (Tex. 2017) (TRC jurisdiction over claims […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. ExxonMobil Corp. v. Lazy R Ranch, LP ExxonMobil Corp. v. Lazy R Ranch, LP, 511 S.W.3d 538 (Tex. 2017) (Discovery rule on soil and groundwater contamination), held that there is nothing […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Coyote Lake Ranch, LLC v. City of Lubbock 498 S.W.3d 53 (Tex. 2016) (Accommodation doctrine extended to severed groundwater estates) held that the accommodation doctrine applies to resolve conflicts between a […]
Richard F. Brown Exxon Mobil Corp. v. United States held that the federal government shared liability under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) for the cleanup costs incurred in response to an administrative settlement by a private contractor for the contractor’s wartime production wastes. Predecessors of Exxon Mobil Corporation (“Exxon”) owned and […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Ranchero Esperanza, Ltd. v. Marathon Oil Co., 488 S.W.3d 354 (Tex. App.—El Paso 2015, no pet.) (Saltwater surface damages)analyzed the related issues of standing, accrual of the cause of action, limitations, […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Forest Oil Corporation v. El Rucio Land and Cattle Company, Inc. held that the Texas Railroad Commission does not have exclusive or primary jurisdiction to determine remedies for claims for environmental […]
