A Link To An Excellent Presentation.pdf

Denbury Green Pipeline-Texas v. Texas Rice Land Partners involved a CO2 pipeline under TNRC 111.002(6) where the landowner and tenant farmer refused access for an easement survey. Denbury sued for an injunction and was granted a motion for summary judgment as a "common carrier" with a permanent injunction issued, which was affirmed by the Court of Appeals. However, the Supreme Court overturned the summary judgment, remanding the case, and stating that a T-4 Certificate from the RRC was not enough to establish common carrier status, as it was merely a "registration process, clerical act." The court established that "to or for the public for hire" was an additional element in 111.002(6) and set a standard that the pipeline must show "a reasonable probability . . . that the pipeline will at some point after construction serve the public." The case was later reversed and remanded, with key takeaways including that business organization code section 2.105 is not an independent ground for common carrier status and that Denbury's proofs were not enough for summary judgment. Other cases, such as CrossTex and Keystone, also dealt with common carrier status and the right to exercise eminent domain, with the courts considering factors such as public use, interstate pipelines, and the Denbury "reasonable probability" standard.