It has been almost three years since the Texas Supreme Court’s opinion in the Texas Rice Land Partners v. Denbury Green Pipeline-Texas wherein the court took a dim view of the Texas Railroad Commission’s “check the box” rules regarding Form T-4 pipeline permit applications, which automatically created “common carrier” status for a pipeline operator.
In response, the RRC adopted new rules concerning pipeline permit applications. Although the new rules have a limited impact on the applicable Texas law regarding eminent domain, they do require parties to provide the RRC with more specific information in order for an applicant to obtain a pipeline permit.
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