SEARCH

SWEPI LP v. Railroad Commission of Texas

Consistent with the powers that the legislature expressly conferred on it, the Railroad Commission of Texas independently analyzed the land owner's applications, considered the adequacy of the proposed operations sites and easements for each proposed qualified subdivision, and determined that the minerals would be "fully and effectively exploited" on the land comprising the two distinct subdivisions. Applying the plain language of Texas Natural Resources ��92.001-.007 and Texas Administrative Code �3.76, the Commission did not exceed its statutory authority under ��92.001-.007 and did not misinterpret or misapply �3.76 by approving the two separate applications for 640 acres each in its final orders. Appellant's first and second issues are overruled. Austin Court of Appeals, No. 03-09-00425-CV, 05-12-2010

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION

SWEPI LP appeals from the district court’s judgment affirming final orders of appellee the Railroad Commission of Texas and granting the Commission’s plea to the jurisdiction on SWEPI’s declaratory claims.*fn1 In its final orders, the Commission approved two applications for “qualified subdivisions” pursuant to chapter 92 of the natural resources code and the Commission’s companion rule 76. See Tex. Nat. Res. Code Ann. §§ 92.001-.007 (West 2001) (“chapter 92″); 16 Tex. Admin. Code § 3.76 (2009) (Tex. R.R. Comm’n, Commission Approval of Plats for Mineral Development) (“rule 76″). Because we conclude that the district court did not err in affirming the Commission’s final orders and granting its plea to the jurisdiction, we affirm the district court’s judgment.

BACKGROUND

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

British Legal Awards 2024

November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.

Learn More

GlobeSt. Healthcare Real Estate 2024

December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!

Learn More

ThinkAdvisor LUMINARIES Awards 2024

December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.

Learn More

Associate General Counsel, Global Employment

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...

Apply Now ›

Associate Attorney

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...

Apply Now ›

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...

Apply Now ›