Separate Opinion by Johnson in
Coastal Oil & Gas Corp. v. Garza Energy Trust, No. 05-0466 (Tex. Aug. 29, 2008)(Hecht)
(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
I join the Court’s opinion except for Part II-B. As to Part II-B, I would not address whether
the rule of capture precludes damages when oil and gas is produced through hydraulic
fractures that extend across lease lines until it is determined whether hydraulically
fracturing across lease lines is a trespass. As to Part IV-A, I agree that admission of the
1977 memorandum constituted error and was harmful, but I would hold that a harm
analysis is not necessary because admission of the memorandum was incurable error.
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. (click hyperlink to full text of opinion)
Justice Willett delivered a concurring opinion.
(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)