TX High Court Clarifies “Common Carrier” Status Criteria

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