In The Texas Supreme Court Clarifies “Common Carrier” Status Criteria, Pillsbury attorneys Anthony Raven, Olivia Matsushita and Andrew White discuss the Texas Supreme Court’s recent opinion in Denbury Green Pipeline-Texas, LLC v. Texas Rice Land Partners, Ltd. Among other things, the Court provides judicial clarity on the “reasonable probability” public use test that might positively demonstrate that a pipeline owner is a common carrier for the purposes of Texas law. Affected private landowners will still be able to challenge a CO pipeline owner’s self-designation as a common carrier.
Additional Source: Securing Rights-of-Way to CO2 Pipeline Corridors in the United States; The Future of Carbon Dioxide Injection EOR in the United States