March 2015, Vol. 242, No. 3

Government

Texas Permiting Rules Post-Denbury Green

The Texas Railroad Commission adopted new rules in December concerning pipeline permit applications involving 16 Texas Administrative Code §3.70. It has been three years since the state Supreme Court’s opinion in Denbury Green, which took a dim view of the commission’s “check the box” rules regarding Form T-4 pipeline permit application which automatically created common carrier status to the pipeline operator. There is no doubt these new rules were created as a direct result of the court’s criticism of existing §3.70 rules. Although this has limited impact on the applicable Texas law regarding eminent domain, it does require parties seeking a permit

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