“5 Texas Supreme Court Cases To Watch This Term”
With a new term starting next month, the Texas Supreme Court could shake up the energy industry when it revisits a dispute on when pipelines can use eminent domain and affect booming construction across the state through two cases involving the standards for maintaining lawsuits against architects and engineers.
What that decision didn’t do was spell out what pipelines are required to show before moving forward with condemnation. This time around, after the case was remanded to trial court and has made its way back up through the appellate courts with a better developed record and more facts, the court is expected to give the energy industry more clarity about what’s necessary to take private land for a planned pipeline, according to Rich Phillips of Thompson & Knight LLP.
“Obviously, in a state that’s crisscrossed by pipelines, with more being built every year, people are watching for the Supreme Court to put out what’s going to be the standard for a common carrier,” Phillips said.