Tuesday, July 17th, 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. Saner v. BridgeTex Pipeline Company, LLC, No. 11-14-00199-CV, 2016 WL 4009973 (Tex. App.—Eastland July 21, 2016, pet. denied) (Condemnation for crude oil pipeline)held that in order “to satisfy the constitutional ‘public use’ requirement, […]

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, September 8th, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.   Ken Petroleum Corporation v. Questor Drilling Corporation, 24 S.W.3d 344 (Tex. 2000), construes the Texas Oilfield Anti-Indemnity Act (“Act”). The ACT has specific application to drilling contracts, and it […]

Monday, September 7th, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.   Geodyne Energy Income Production Partnership I-E v. The Newton Corp1 considers the liability of a nonoperator and the nonoperator’s assignee for a proportionate part of plugging and abandoning a […]