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Texas › Oil & Gas › Water

Houston Harbaugh, P.C.

Colored Horses, Toxic Brews and Lithium Too?

Houston Harbaugh, P.C. on

Does the Texas Supreme Court’s Decision in Cactus Water Services v. COG Operating Provide Guidance About Lithium and Rare Earth Minerals Ownership in Pennsylvania? Lithium demand is expected to continue to increase as...more

Oliva Gibbs

Making a splash in the courts: The Cactus decision

Oliva Gibbs on

In a landmark decision, the Supreme Court of Texas held in Cactus Water Services, LLC v. COG Operating, LLC, that produced water belongs to the operator. When presented with a case where both the operator and a third party...more

McGuireWoods LLP

Texas Supreme Court Rules Produced Water Is Oil-and-Gas Waste, Further Disputes Foreshadowed

McGuireWoods LLP on

On June 27, 2025, the Supreme Court of Texas issued an opinion in a closely watched case addressing the ownership of produced water — the byproduct of drilling, fracking and formation fluids. In Cactus Water Services v. COG...more

Gray Reed

How Did the 2025 Texas Legislature Address Energy?

Gray Reed on

Your Legislature has adjourned after enacting significant bills affecting the energy industry. To sum it up, the industry has friends in high places whenever the Lege is in session (Alternative energy was in jeopardy for a...more

Pillsbury Winthrop Shaw Pittman LLP

Water, Reused: Texas Reshapes Liability and Regulatory Rules on Produced Water, Leaves Ownership Questions Unanswered

Pillsbury Winthrop Shaw Pittman LLP on

The Texas legislature passed a series of bills aimed at modernizing the legal and regulatory landscape for the handling and reuse of produced water—a byproduct of oil and gas operations. These developments address permitting,...more

Oliva Gibbs

Water Ya Gonna Do When the EPA Comes for You?

Oliva Gibbs on

The U.S. Environmental Protection Agency (“EPA”) recently announced that it will be taking a hard look at the Texas Railroad Commission’s (“RRC”) enforcement of injection well regulatory practices (or the lack thereof).  The...more

Jackson Walker

Mine: All Mine? Texas Ownership of Produced Water and Its Constituent Parts (Lithium)

Jackson Walker on

Is it mine? Is what’s in it mine too? The fight over produced water has become a contentious issue in the oil patch. Primarily, because it is a new and unforeseen source of revenue for operators and landowners....more

Gray Reed

Who Owns Produced Water in Texas?

Gray Reed on

In Cactus Water Services LLC v. COG Operating, LLC., a divided Texas court of appeals answered the question this way: The oil and gas producer prevails over the purchaser of the surface owner’s right to own and sell produced...more

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