CITIES OF ALLEN v. RAILROAD COM'N OF TEXAS

No. 03-06-00691-CV.

309 S.W.3d 563 (2010)

The CITIES OF ALLEN, Argyle, Arlington, Bedford, Brownwood, Burkburnett, Burleson, Caddo Mills, Canyon, Carrollton, Cedar Hill, Clyde, College Station, Corral City, Crandall, Dimmitt, Eastland, Everman, Farmers Branch, Fate, Friona, Frisco, Grapevine, Haltom City, Harker Heights, Hereford, Highland Park, Honey Grove, Hurst, Irving, Kaufman, Keene, Keller, Killeen, Lake Worth, Lancaster, Lewisville, Mansfield, Midlothian, Parker, Ponder, Red Oak, Snyder, Stamford, Sulphur Springs, The Colony, Tyler, Wellman, Westlake and Wylie, Texas; and the City of Longview, Appellants, v. RAILROAD COMMISSION OF TEXAS; CenterPoint Energy Resources Corporation; Atmos Energy Corporation; and Texas Gas Services Company, a Division of Oneok, Inc., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled April 13, 2010.


Attorney(s) appearing for the Case

Daniel J. Lawton, Lawton Law Firm, PC, Jim G. Boyle, Herrera & Boyle, PLLC, Geoffrey M. Gay, Lloyd, Gosselink, Blevins, Rochelle, & Townsend, P.C., Austin, for appellant.

Liz Bills, Assistant Attorney General, Natural Resources Division, James W. Checkley, Jr., Locke, Liddell & Sapp, LLC, David C. Duggins, Clark, Thomas & Winters, PC, Austin, for appellee.

Before Chief Justice LAW, Justices PURYEAR and HENSON.


OPINION

DIANE M. HENSON, Justice.

Fifty-one Texas cities1 (collectively, "the Cities") brought a declaratory-judgment action against the Railroad Commission ("the Commission"), challenging the validity of Commission Rule 7.7101. See 16 Tex. Admin. Code § 7.7101 (2009) (Tex. R.R. Comm'n, Interim Rate Adjustments); see also Tex. Gov't Code Ann. § 2001.038...

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