RAILROAD COM'N v. CITIZENS FOR SAFE FUTURE

No. 08-0497.

336 S.W.3d 619 (2011)

RAILROAD COMMISSION OF TEXAS and Pioneer Exploration, Ltd., Petitioners, v. TEXAS CITIZENS FOR A SAFE FUTURE AND CLEAN WATER and James G. Popp, Respondents.

Supreme Court of Texas.

Decided March 11, 2011.

Rehearing Denied May 27, 2011.


Attorney(s) appearing for the Case

Greg W. Abbott , Jeffrey L. Rose , Attorney General of Texas, David Preister , George Thomas Bohl , Jeffee L. Palmer , Office of the Attorney General, Clarence Andrew Weber , First Assistant Attorney General, Barbara Bryant Deane , Assistant Attorney General, Daniel L. Geyser , Asst. Solicitor General, Office of the Attorney General of Texas, David S. Morales , Office of the Attorney General of Texas, Deputy First Assistant Attorney General, Kent C. Sullivan , Austin TX, James C. Ho , Gibson Dunn & Crutcher LLP, Dallas TX, for Railroad Commission of Texas.

David Frederick , Marisa Perales , Lowerre, Frederick, Perales Allmon & Rockwell, Austin TX, for Texas Citizens for a Safe Future and Clean Water.

David B. Gross , Gross & Nelson, Austin TX, for Pioneer Exploration, Ltd.

Karen L. Watkins , W. Timothy George , McGinnis Lochridge & Kilgore, L.L.P., Austin TX, for Amicus Curiae Texas Oil & Gas Assoc.

Mark A. Mayfield , Gardere Wynne Sewell LLP, Austin TX, for Amicus Curiae Pinnergy.

Patrick Joseph Pearsall , Clark, Thomas & Winters, Austin TX, for Amicus Curiae Texas Pipeline Association.

Edmond R. McCarthy Jr. , Jackson Sjober McCarthy & Wilson LLP, for Amicus Curiae TX Water Conservation, et al.

Gabriel Enrique Lopez , Texas Assoc'n of Realtors, Austin TX, for Amicus Curiae Texas Association of Realtors.


Justice GUZMAN delivered the opinion of the Court, joined by Justice HECHT, Justice WAINWRIGHT, Justice MEDINA, Justice GREEN, and Justice JOHNSON.

The Texas Water Code requires the Railroad Commission of Texas to weigh the "public interest" in the permitting of proposed oil and gas waste injection wells. In a ruling, the Commission declined to consider traffic-safety factors in its public interest inquiry. We determine whether the Commission's interpretation of ...

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