Texas Energy Law

• Semester: Spring 2025
• Course ID: 290J-1
• Credit Hours: 2
• Unique: 29195

Description

This course divides the semester into roughly four parts.  In the first quarter of the semester, we start by examining oil production, globally, within OPEC and OPEC+, the US, and particularly in Texas.  We will discuss the Texas Railroad Commission (RRC), its constitutional and statutory underpinnings, along with noteworthy Texas Supreme Ct. cases involving the RRC and important oil, natural gas, and pipeline-related issues.  We finish this section by examination of interesting RRC rules and orders, including those related to disposal wells, production sharing agreements/allocation wells, spacing rules, and the Mineral Interest Pooling Act. Finally, we will examine Opiela v. Railroad Commission of Texas, No. 23-0772, Petition for Review at SCOTX. 

The second quarter of the semester explores energy delivery in Texas, particularly regulated transmission and distribution (TDU) electric utilities and natural gas local distribution companies (LDCs). We examine the elements of a successful rate case and review numerous cases examining Public Utility Commission of Texas (PUCT), and RRC, treatment of various elements of a rate case. We'll also examine the competitive electric market in ERCOT, and discuss several court cases arising from the events of Winter Storm Uri, including Luminant v. Public Utility Commission of Texas, No. 23-0231, decided by SCOTX 6/14/24, and ERCOT v. Panda Power, No. 22-0196, and CPS v. ERCOT, SCOTX opinion delivered 6/23/23.

In the third quarter, we will discuss renewable energy infrastructure development in Texas, and examine a major transmission development Docket No. 38354, the "Hill Country CREZ line." We'll also discuss the potential for geothermal energy development in Texas.

The final quarter of the semester will focus on federal cases related to energy and the environment.  In particular, we will examine the role of Chevron deference (Chevron v. NRDC, 467 U.S. 837, 1984),  as interpreted by past and present Supreme Courts, in federal agency (i.e. EPA) decision making, including the recent Loper Bright Enterprises v. Gina Raimondo, Secretary of Commerce, SCOTUS decision.   

We may occasionally have guest lecturers from the RRC, PUCT, and ERCOT. 

Your performance in this course will be evaluated on the basis of an open book, take home, mid-term exam (administered over spring break), a closed book, take home, final exam (administered during finals weeks, with 24 hours to compete), and in-class active participation; the percentages are 30%, 60% and 10%, respectively.  There is no textbook for this class.  Reading assignments and discussion material will be posted on Canvas in advance of the pertinent class. You should assume that the reading requirement is moderate.  No more than two absences will be allowed (without express prior approval of the instructor.)