SEAGULL ENERGY E & P, INC. v. RAILROAD COM'N.

No. 03-0364.

226 S.W.3d 383 (2007)

SEAGULL ENERGY E & P, INC., Petitioner, v. RAILROAD COMMISSION OF TEXAS, Respondent.

Supreme Court of Texas.

Decided May 4, 2007.


Attorney(s) appearing for the Case

Michael E. McElroy, Mickey R. Olmstead, Gregory S. Friend, McElroy, Sullivan, Ryan & Miller, L.L.P., Austin, for Petitioner.

Greg Abbott, Attorney General of Texas, Priscilla M. Hubenak, Karen Watson Kornell, Barry Ross McBee, Edward D. Burbach, Office of the Attorney General of Texas, Jeffrey S. Boyd, Thompson & Knight, LLP, Austin, for Respondent

J. Bruce Bennett, Jeffery L. Hart, Cardwell, Hart & Bennett, LLP, Austin, pro se.

Rex H. White, Jr., Law Offices of Rex H. White, Jr., Austin, for Texas Independent Producers and Royalty Owners Association.

Dale Alexander, Senior Reservoir Engineer, Corpus Christi, for Esenjay Petroleum Corporation.

Dick Watt, Watt, Beckworth & Thompson, L.L.P., Houston, pro se.

Benjamin W. Sebree, Vice President for Governmental Affairs, Jamie Nielson, Texas Oil & Gas Association, Austin, for Texas Oil and Gas Association.


Justice MEDINA delivered the opinion of the Court.

In this case we must decide whether the statute that grants the Railroad Commission authority to regulate production of commingled1 oil and/or gas deposits includes the authority to regulate drilling, and if so, whether the Railroad Commission may consider the commingled deposits as though they were one reservoir when regulating drilling and production in the commingled field. The court...

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