Category Archives: Regulatory Takings

Texas Supreme Court Will Not Hear Bragg v. Edwards Aquifer Authority

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On Friday, the Texas Supreme Court denied petitions to consider appeals from both sides in Bragg v. Edwards Aquifer Authority.  This result is surprising to many legal scholars who have been watching this high-profile case for years.  In light of the Court’s refusal to consider the case, the opinion of the San Antonio Court of Appeals will stand.  [Read full Court of Appeals Opinion here.] Background The Braggs own property that sits above the Edwards Aquifer on which they have two pecan orchards:  The Home Place orchard and the… Read More →

Local Fracking Laws Could Impact Ranchers

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I recently wrote an article for Progressive Cattleman magazine discussing how local fracking bans that are popping up across the country could impact ranchers. These laws are being passed by counties, such as Mora County, New Mexico, and cities, such as Denton, Texas, across the country.  Frequently, laws banning fracking (or some written even more broadly to prohibit all oil and gas production) are challenged in court by the oil and gas industry and mineral owners who wish to lease their mineral rights to an oil or gas… Read More →