Legal Trend. Railroad Commission. No Exclusive Jurisdiction. Words in Statutes Matter.

The Texas Supreme Court ruling in Sabine Oil & Gas Corp., v. El Rucio Land and Cattle Co. Inc. et al., case number 14-0979 has this implication for the railroad commission:

• The Railroad Commission does not have exclusive jurisdiction over contamination and remediation.

What is the statutory linguistic issue in the powers granted to the Railroad Commission?

• exclusive jurisdiction is not granted to the agency with terms like “​sole authority” & “solely responsible”

What’s the background? A landowner claims radioactive contamination on his land. The land owner was awarded $22.7 million in arbitration & that was confirmed by a lower court.

What 3 points did the Texas Supreme Court make?

•  Texas Railroad Commission can only decide nonjudicial issues
• RRC doesn’t have exclusive jurisdiction over the claims of landowner
• The $22.7 million award and judgment should not be vacated.

Law 360 | Texas Justices Say RRC Lacks Sole Claim To Sabine Fight