Almost a year ago, a district court in Travis County ruled that the Texas Railroad Commission had violated Texas’ Administrative Procedure Act by issuing a well permit to Magnolia Oil & Gas after informally adopting rules for issuance of permits for allocation wells and “PSA” wells (production-sharing-agreement wells) without complying with the APA. On April 27, the Third Court of Appeals will hear oral argument in the appeal of that ruling by the Commission and Magnolia.
In addition to briefs by the parties, the court of appeals has received briefs from Texas Oil & Gas Association, Pioneer Natural Resources, and American Exploration and Production Council, all in support of the Commission’s appeal, and from Ron Beal, a professor emeritus at Baylor Law School, in support of Appellees.
The case is Railroad Commission of Texas and Magnolia Oil & Gas Operating LLC v. Elsie Opiela and Adrian Opiela, Jr., Case No. 03-21-00258-CV. Briefs can be viewed here. My firm represents the Opielas. You can read my previous post about the case here.