Wednesday, August 1st, 2018
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Town of Dish v. Atmos Energy Corporation, 519 S.W3d 605 (Tex. 2017), held that the two-year statute of limitations barred trespass and nuisance claims attributable to a compressor station. Four independently […]

Monday, June 19th, 2017
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Texas v. United States Envtl. Prot. Agency, 829 F.3d 405 (5th Cir. 2016) (Clean Air Act and coal-fired electrical generating plants) granted a stay, pending appeal, of the Environmental Protection Agency’s […]

Tuesday, December 6th, 2016
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 […]

Friday, February 5th, 2016
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. United States v. CITGO Petroleum Corp. held that uncovered wastewater treatment tanks resulting in dead birds was not a criminal violation of either the Clean Air Act or the Migratory Bird […]

Tuesday, February 2nd, 2016
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. ConocoPhillips Company v. Noble Energy, Inc. held that a mutual, reciprocal environmental indemnity was an executory contract assumable in bankruptcy. Under a 1994 Exchange Agreement, the parties exchanged leases subject to […]

Monday, February 1st, 2016
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 […]