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ML Strategies Energy and Environment Update: Week of 10/20/2014

ENERGY AND CLIMATE DEBATE - With just over two weeks until election day, Congress is preparing for a brief but intense Lame Duck session, while continuing final campaign pushes. With several races still in the...more

Texas Supreme Court Declines to Address Recovery for Stigma Damages in the Absence of a Permanent Physical Injury to Property

In a closely watched case, the Texas Supreme Court recently declined to address the issue of a right to recover damages for “stigma” in the absence of a permanent physical injury to property. (Houston Unlimited, Inc. v. Mel...more

Public Interest in Renewable Energy May Outweigh the Purpose of the Williamson Act; Cancellation of Williamson Act Contracts May...

After a Central Valley county cancelled Williamson Act contracts on ranchland to make way for a solar energy plant, several environmental groups sued challenging the County’s decision. The trial court found against the...more

Current Issues in Texas Surface Water Law

Learn more about the major issues currently going on in Texas related to surface water. This article was initially published on the Texas Agriculture Law Blog at http://agrilife.org/texasaglaw ...more

Texas Water: Basics of Surface Water Law

This article outlines the basics of surface water law in Texas. *This was first published on the Texas Agriculture Law Blog at http://agrilife.org/texasaglaw . ...more

Devon Energy Seeks Appellate Review of Application of Marketable Condition Rule

Devon Energy Corporation has filed an application for interlocutory appeal with the New Mexico Court of Appeals. If accepted, the Court of Appeals will likely determine whether New Mexico recognizes the "Marketable Condition...more

Most Favored Nations Clause: Something To Consider

A recent Texas appellate court decision outlines the mechanics of a "most favored nations clause" in an oil and gas lease. These clauses require that a mineral lessor treat the lessee as well as any other lessee in a defined...more

Texas Surface Owners Beware!: Understanding Mineral Lessee’s Rights to Use the Surface Estate

In Texas, surface owners are often surprised to learn that mineral owners who lease the mineral rights to an oil company grant that company the right to various uses of the surface estate. In these situations, the surface...more

A Cattle Rancher v. An Oil Company - The Accomodation Doctrine

The Texas Supreme Court recently outlined the parameters of the accommodation doctrine as it applied when oil companies are granted the implied right to enter and utilize a surface estate in order to drill for and produce oil...more

Water Bills - Summary of the 2013 Texas Legislative Session

This article provides a summary of the water-related bills considered by the 2013 Texas Legislature. *This article was originally posted on the Texas Agriculture Law Blog: http://agrilife.org/texasaglaw ....more

Seventh Circuit affirms exclusion of unreliable expert testimony on valuation in condemnation actions

On August 21, 2012, the Seventh Circuit Court of Appeals issued an opinion affirming the decision of the United States District Court for the Central District of Illinois to exclude the testimony of the landowners' expert in...more

Bounds v. New Mexico

Amicus Curiae Brief of Water Systems Council Amici in Support of the State of New Mexico and the State Engineer John D'Antonio

This amicus brief, filed by Tiffany Dowell and Jesse J. Richardson, Jr., was filed on behalf of 17 nationwide clients in support of the constitutionality of New Mexico's domestic well statute. This brief discusses the prior...more

The Long & Winding Road: The EPA's Amendments to the Oil Spill Prevention, Control, & Countermeasure Rules

After a lengthy delay, characterized by some as "absurd," the EPA's 2002 amendments to the Oil Spill Prevention, Control, and Countermeasure (SPCC) rules look like they will finally go into effect for most of the regulatory...more

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