Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Environmental Processing Systems, L.C. v. FPL Farming, Ltd. held that “lack of consent” is an element of the cause of action for trespass and not an affirmative defense. FPL Farming, LTD […]

Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.   Berkley v. Railroad Commission of Texas, 282 S.W.3d 240 (Tex. App.—Amarillo 2009, no pet.) held that a permit to inject salt water issued by the Texas Railroad Commission (“TRC”) […]

Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.   FPL Farming Ltd. v. Environmental Processing Systems, L.C., 351 S.W.3d 306 (Tex. 2011), FPL Farming Ltd. v. Envtl. Processing Sys., L.C., 383 S.W.3d 274 (Tex. App.—Beaumont  2012, pet. filed) […]

Richard F. Brown   The following is not a legal opinion.  You should consult your attorney if the case may be of significance to you.   In re Freestone Underground Storage, Inc.   held that venue in a suit for termination of a saltwater disposal lease was mandatory in the county where the land was located. […]

Richard F. Brown   The following is not a legal opinion.  You should consult your attorney if the case may be of significance to you.   Royalco Oil & Gas Corp. v. Stockhome Trading Corp., 361 S.W.3d 725 (Tex. App.–Fort Worth 2012, no pet.) held that a salt water disposal lease was not a mineral […]

Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.   Railroad Commission of Texas v. Texas Citizens for a Safe Future, 336 S.W.3d 619 (Tex. 2011) held that a Texas Railroad Commission (“TRC”) determination that the term “public interest” […]