News & Analysis as of

State and Local Government TX Supreme Court

BakerHostetler

Pore Space Update: Texas Joins the Majority American Rule, but Accommodation Issues Remain at Play

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Texas is the latest in a growing number of states to tackle the issues related to ownership and severability of the pore space underneath land as carbon capture and sequestration (CCS) remains a relevant tool in CO2...more

McGinnis Lochridge

Oil & Gas Newsletter: Producer's Edge, Vol. 7, Issue 1

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The McGinnis Lochridge Oil and Gas Practice Group publishes the Producer’s Edge with the purpose of keeping our valued clients and contacts in the oil and gas industry updated and informed regarding interesting Texas case law...more

Jackson Walker

Texas Supreme Court Clarifies Default Ownership of Produced Water in Oil & Gas Leases – Key Questions Remain

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On June 27, 2025, the Texas Supreme Court issued a pivotal decision in Cactus Water Services, LLC v. COG Operating, LLC, holding that under the language of the granting clause found in the standard oil and gas lease, produced...more

Gray Reed

Texas Supreme Court Allows Enforcement of a JOA Debt After Foreclosure

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In Steelhead Midstream Partners, LLC v. CL III Funding Holding Company, LLC, the Texas Supreme Court authorized a pipeline owner’s breach-of-contract claim—alleging a co-owner used foreclosure to avoid cost-sharing...more

Troutman Pepper Locke

Texas BACT Is a Fact: The Texas Supreme Court Unpacks the Texas Clean Air Act’s BACT Definition

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Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality et al. (Tex. Feb. 14, 2025) presented the Texas Supreme Court with a unique opportunity to provide defined guideposts to understand...more

Carlton Fields

Texas Supreme Court Holds $220M Settlement Agreement Is Not Binding on Insurers Without Insurer’s Consent Where Insured Faced No...

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In In re Illinois National Insurance Co., the Texas Supreme Court held that disclaiming insurers were not bound by any underlying settlement agreement, entered into without the insurers’ consent, where the claimants promised...more

Butler Snow LLP

Texas Enhances Permissive Appeals by Requiring Explanation for Denials and Expanding Supreme Court Review

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The Texas Supreme Court has unveiled a change to Texas Rule of Appellate Procedure 28.3 to implement recent legislation requiring the state’s 14 intermediate appellate courts to explain themselves when denying petitions for...more

Cozen O'Connor

Texas Court of Appeals Adds Confusion to Post-Appraisal Litigation Under the TPPCA

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Ever since the Texas Supreme Court changed the landscape of Texas law regarding appraisal in Barbara Technologies Corp. v. State Farm Lloyds, 589 S.W.3d 806 (Tex. 2019) and Ortiz v. State Farm Lloyds, 589 S.W.3d 127 (Tex....more

Freeman Law

When is governmental immunity waived by the acts of governmental officials? Ultra Vires Revisited

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Ultra Vires and Immunity - On June 3, 2022, the Texas Supreme Court issued two important opinions on the topic of waiver of governmental immunity based on the doctrine of ultra vires. In the first–Van Boven–the Court...more

Freeman Law

What is a whistle-blow “report” under the Texas Whistleblower Act?

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The Texas Whistleblower Act The Texas Whistleblower Act (Act) was adopted “amidst a growing sense throughout the country that ‘mismanagement in the public sector’” was a growing public concern, and that “employees who...more

Vinson & Elkins LLP

In Texas Contracts, Say What You Need to Say

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Although not his most lyrically creative effort, John Mayer’s “Say” has a very important lesson for those drafting contracts: “Say what you need to say.” That refrain, which can be heard over 40 times in the original song, is...more

Butler Snow LLP

The Fifth Circuit Court of Appeals Just Slammed the Door on Texas Businesses Seeking Insurance Coverage for Lost Revenue Due to...

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In a pair of opinions issued last month, the Fifth Circuit Court of Appeals held that Texas businesses’ COVID-19 related income loss was not covered by standard business income and extra expense (“BI/EE”) endorsement in...more

Butler Snow LLP

The Current State of Delta-8 Substances

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In recent months, Delta-8—a cannabinoid derived from the hemp plant—has emerged in Texas news. Delta-8 products have been sold in Texas since the Agriculture Improvement Act of 2018, commonly known as the 2018 Farm Bill,...more

Bradley Arant Boult Cummings LLP

Out with Lonergan, In with Spearin: Texas Legislature Provides Contractors with Limited Protection for Defective Plans and Designs

As of September 1, 2021, in a change to Texas caselaw that had been in place for over a century, Texas contractors now have protection in certain circumstances from liability for defective plans and specifications provided to...more

Butler Snow LLP

Automated Certificates of Service Are Here—But Are Traditional Certificates Still Required?

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About a year ago, I released a video entitled “Automated Certificates of Service Are Coming.” The wait is over. As of this week, automated certificates of service will be rolled out in every Texas court set up for e-filing. ...more

Bradley Arant Boult Cummings LLP

Measuring the Long Arm of Texas Courts: When Is an Out-of-State Supplier Subject to Texas Jurisdiction?

Suppliers of construction products and materials frequently find that their products and materials are used in projects located in states where the supplier may not have an office, factory, or production facility. Some...more

Bradley Arant Boult Cummings LLP

Expansion of Premises Liability for Construction Owners

A property owner is generally liable for hazards on the property that injure others. On construction projects, this presents a significant risk for owners because there are always multiple hazards present, and the owner,...more

Butler Snow LLP

Following Fatal Treadmill Accident, Supreme Court of Texas Rules Asset Purchaser not Liable for Personal Injury Claims Arising...

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On October 23, 2020, the Supreme Court of Texas ruled on Northland Industries Inc. v. Kouba, a case arising from a fatal treadmill incident. The Court held that the purchaser of the treadmill’s manufacturer did not assume...more

Jackson Walker

Federal Eviction Moratorium Broadened and Extended Through the End of 2020

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On Tuesday, September 1, the Trump administration announced an order, put forward by the Centers for Disease Control and Prevention, that claims to suspend residential evictions through the end of the year for many tenants...more

Jackson Walker

Status of Federal, State, and Local Moratoriums on Evictions in Response to COVID-19 Pandemic

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The Texas Supreme Court has extended the moratorium on residential eviction procedures for CARES Act applicable residences until September 30, 2020, offering a few more weeks of relief to certain renters as the economic...more

Foley & Lardner LLP

2020 Election Implications for the Redistricting Process in Texas

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With multiple news reports of Democrats making a push in Texas both at the federal level and at the state legislative level in light of gains the Democratic Party made in the state in the 2018 cycle, the next redistricting...more

Littler

Silence From On High: The Uncertain Future of Texas Paid Sick Leave Ordinances

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On June 5, 2020, the Texas Supreme Court refused to review a case that could have decided whether municipal paid sick leave ordinances in Texas were lawful. Specifically, it denied a petition from the City of Austin to review...more

Husch Blackwell LLP

SCOTX: No Arbitrary Arbitration Provision For Local Governments

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The Supreme Court of Texas recently announced that local governments who have agreed to arbitration clauses may be forced into arbitration. However, the Court also announced that the judiciary “retains the duty to decide...more

Seyfarth Shaw LLP

If Pain, Yes Gain—Part 77: Court Approves Temporary Injunction of San Antonio Sick and Safe Leave Ordinance

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Seyfarth Synopsis: On Friday, November 22, 2019, the trial court presiding over the San Antonio paid sick leave (“PSL”) lawsuit enjoined the City of San Antonio’s amended Sick and Safe Leave Ordinance (“SSLO”). While the SSLO...more

Gray Reed

Local Taxation of Oil and Gas Activities Fails Again

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Local, often rural taxing authorities frequently look to out-of-towners to bear what the locals consider the outsiders’ fair share of the burdens of increased oil and gas activity. ...more

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