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RAILROAD COM'N OF TEXAS v. WBD OIL & GAS

No. 01-0177.

104 S.W.3d 69 (2003)

RAILROAD COMMISSION OF TEXAS and Greg Abbott in His Official Capacity as Attorney General for the State of Texas, Petitioners, v. WBD OIL & GAS CO. and WBD Oil & Gas Co., Inc., Respondents.

Supreme Court of Texas.

Decided February 13, 2003.

Rehearing Denied June 5, 2003.

Attorney(s) appearing for the Case

Jamie Nielson, Austin, Ronald C. Schultz, Dubai, Howard G. Baldwin, First Assistant Attorney General, Jeffrey S. Boyd, Office of the Attorney General, Austin, for petitioners.

Philip F. Patman, Ana Marie Marsland-Griffith, Patman & Osborn, Austin, Rick A. Mayer, The Woodlands, for Anadarko Petroleum Corp.

Don Walker, Asst. Atty. Gen., for the Railroad Commission.

James Douglas Ray, Charles E. Hampton, Michael P. Marcin, Gammage, Hampton, Marcin & Ray, Travis Phillips, The Law Offices of Travis R. Phillips, Austin, Robert A. Gammage, Hill Gilstrap, PC, Arlington, for respondents.

Justice HECHT delivered the opinion of the Court, in which Chief Justice PHILLIPS, Justice ENOCH, Justice OWEN, Justice O'NEILL, Justice JEFFERSON, Justice SCHNEIDER, and Justice SMITH joined.

To regulate oil and gas production, the Railroad Commission of Texas has adopted general rules applicable throughout the State,1 but because these general rules cannot adequately address the widely varying conditions found in the thousands of oil...

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