Texas Supreme Court To Hear Landmark Underground Trespass Case This Week

*This article is not a substitute for the advice of an attorney.* On Tuesday, the Texas Supreme Court will hear oral arguments in Environmental Processing Systems, L.C. v. FPL Farming LTD., a landmark case involving the intersection of oil and gas production and private property rights.  The question facing the court is whether trespass can occur nearly 1 mile underground when waste water from oil production that is disposed of in an injection well migrates under the property of another landowner.  If you are interested, you may watch the argument online. Factual Background  In… Read More →

January 3, 2014 Weekly Update


**This article is not a substitute for the advice of an attorney.** Happy New Year!  Here are some of the ag law stories in the news this first week of 2014. *EPA Appeals Alt Decision.  The EPA has filed an appeal to the United States Court of Appeals for the Fourth Circuit in Alt v. EPA.  As you read about on this prior blog, the trial court found that manure runoff from the Alt farm constituted agricultural storm runoff and, therefore, was not required to obtain a NPDES… Read More →

Most Popular Stories of 2013


**This article is not a substitute for the advice of an attorney.** First off, we want to take the chance to thank all of Texas Agriculture Blog readers!  This blog began with zero readers or subscribers at the end of June.  Now, less than 6 months later, we have over 235 email subscribers and had over 1,800 readers last month.  We appreciate your support!  Please feel free to pass the website information on to others who might be interested. If you have any requests or suggestions for posts you would like to see… Read More →

Beaumont Court of Appeals Orders Landowner to Tear Down Gate


**This article is not a substitute for the advice of an attorney.** Two weeks ago, the Beaumont Court of Appeals issued a decision in Emmons v. Badanfriouz, a case involving a dispute between neighbors about whether a gate could be erected by one neighbor across an easement.  This case provides insight for anyone entering into an express roadway easement as to key language that should be considered with regard to whether a gate may be build across the proposed easement. Background An express easement was granted by the Emmons’ predecessors in interest to the… Read More →

Merry Christmas from the Texas Agriculture Law Blog!

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Merry Christmas from the Texas Agriculture Law Blog!  I hope you are all enjoying time with your friends and family.  Weekly Round Up will be back next week.  For today, I will leave you with a newspaper clipping that I read earlier this week and really resonated with me.  I think you all will enjoy!

San Antonio Court of Appeals Considers Royalties from Horizontal Well


**This article is not a substitute for the advice of an attorney.** Last Friday, the San Antonio Court of Appeals issued a decision in Springer Ranch, LTD . v. Jones, which involved the payment of royalties from a horizontal well.  Although the case is fact-specific based upon a specific contractual agreement between the royalty holders, it provides interesting insight into issues that arise due to the use of horizontal drilling. Background In 1956, a landowner held 8,545 acres in Webb and La Salle counties.  The landowner entered into a mineral lease with an… Read More →

December 20, 2013 Weekly Round Up


**This article is not a substitute for the advice of an attorney.** Here are some of the ag law-related stories making the news this week. *  Dallas Passes Strict Fracking Limitation.  The City of Dallas voted last week to impose one of the strictest fracking ordinances in the country, requiring oil wells to be 1500 feet away from “protected areas” including homes, schools, and churches.  This ordinance greatly increases the set back distance, which currently is 300 feet.  [Read article here.] *  New York Times Article Focuses on Rio… Read More →

Breaking News: 10th Circuit Lifts Injunction in Horse Slaughter Case


As you may recall from this prior post, the plaintiffs in Front Range Equine Rescue v. Vilsack requested and received an emergency injunction in early November to prevent horse slaughter plants from being inspected pending appeal of the case to the United States Court of Appeals for the Tenth Circuit.  That injunction was lifted on Friday, December 13, 2013, allowing horse slaughter plants to move towards commencing operations. The Tenth Circuit lifted the injunction finding that the plaintiffs “failed to met their burden for an injunction pending appeal.”  Specifically, the… Read More →

December 13, 2013 Weely Round Up


**This article is not a substitute for the advice of an attorney.** Earlier this week I was able to head south to Refugio to speak to producers about water law at a tri-county CEU Day with participants from Refugio, Bee and Goliad Counties.  Welcome to the new readers from the presentation!  It has been a busy week for ag law news.  Here are some of the stories making headlines. Federal Rule Will Prevent Prosecution of Wind Companies for Killing Birds.  In response to the Duke Energy settlement (which you read… Read More →

Update to Breaking News: United States’ Brief in Texas v. New Mexico


**This article is not a substitute for the advice of an attorney.** As mentioned yesterday, the Solicitor General filed a brief in the Supreme Court case between Texas and New Mexico.  A copy of the brief can be found here. In the brief, Solicitor General takes the position that the Court should grant Texas’ Motion and allow the complaint to be filed because Texas “alleges an interstate dispute of sufficient importance to warrant this Court’s exercise of its original jurisdiction…”  Further, the Solicitor General believes that “Texas has adequately pled an… Read More →