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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

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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

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