Concurrence by Justice Willett in
Coastal Oil & Gas Corp. v. Garza Energy Trust, No. 05-0466 268 S.W.3d 1 (Tex. Aug. 29,
(oil and gas, trespass, rule of capture)
COASTAL OIL & GAS CORPORATION AND COASTAL OIL & GAS USA, L.P. v. GARZA ENERGY TRUST ET AL.; from Hidalgo
County; 13th district
(13-02-00136-CV, 166 SW3d 301, 05-05-05)
The Court reverses the court of appeals' judgment, renders judgment in part, and remands the case to the trial court.
Justice Hecht delivered the opinion of the Court, in which Justice Brister, Justice Green, Judge Christopher, and Justice
Pemberton joined, and in all but Part II-B of which Chief Justice Jefferson, Justice Medina, Justice Johnson, and Justice Willett
Given Texas’ unrivaled leadership in shaping the nation’s dynamic energy sector, “[o]
ther states frequently look to Texas decisions when confronted with a new or unsettled
issue of oil and gas law.” While I would tackle the trespass issue slightly differently,
the reasoning underlying the Court’s no-liability outcome provides a valuable legal
roadmap. I agree that Texas law should not equate hydraulic fracturing across a lease
boundary with actionable subsurface trespass. I also agree with the Court on all the
various nontrespass issues.
Justice Willett delivered a concurring opinion. (link to full opinion)
Justice Johnson delivered an opinion concurring in part and dissenting in part, in which Chief Justice Jefferson
joined, and in Part I of which Justice Medina joined.
(Judge Tracy Christopher and Justice Robert Pemberton sitting by appointment pursuant to section 22.005 of
the Texas Government Code)
(Justice O'Neill and Justice Wainwright not sitting)