TLMA judicial ACTION
The Texas Land & Mineral Owners Association watches what happens in the courts when decisions affect private property rights, and TLMA may file an amicus curiae brief in support of landowner and mineral owner interests if a case has the potential to shape laws and public policy that impact members.
RECENT COURT CASES IN WHICH TLMA HAS FILED AMICUS BRIEFS
Forest Oil v. El Rucio, 2017 - Case No. 14-0979
BMT O&G, et al, v. Clayton Williams Energy, 2016 - Case No. 15-0780
ExxonMobil v. Lazy R Ranch, 2016 - Case No. 15-0270
Denbury Green v. Texas Rice Land Partners, 2016 - Case No. 15-0225
Chesapeake v. Hyder, 2014 and 2015 - Case No. 14-0302
Potts v. Chesapeake, 2014 - United States Court of Appeals, 5th Circuit, Case No. 13-10601
Hooks v Samson, 2013 - Case No. 12-0920
Enbridge Pipeline v. Avinger Timber, 2012 - Case No. 10-0950
LaSalle Pipeline v. Donnell, 2012 - Case No. 11-0226
BP America v Marshall, 2010 - Case No. 09-0399
INFORMATION FOR THOSE REQUESTING TLMA’S SUPPORT FOR APPEALS
TLMA cannot participate in all court cases and must be selective in determining when a case merits the expenditure of our limited resources. For the association to consider filing a amicus curiae brief in a case, it must meet certain threshold criteria, including the following:
- Present a legal issue relative to oil and gas development;
- Be ripe for review;
- Have state-wide impact for landowners or mineral owners;
- Not be limited to the terms of one specific contract or lease;
- Attempt to set or change legal precedent in Texas;
- Be supported by a solid, legal argument; and
- Allow at least a 30-day window for TLMA to review and approve the case and to select an attorney to handle the brief preparation.
If you have a case that meets these criteria, and you would like the support of TLMA in your appellate court case, the request will first be vetted by TLMA’s Judicial Committee. If the Committee supports filing a brief, the case is then submitted to the Board of Directors for their approval.
Please send TLMA your amicus curiae brief request to the executive director at email@example.com and be sure to include each of the following:
- A one-page summary of the case including the courts that have heard the case thus far;
- PDFs or links to lower court opinions;
- PDFs or links to your previously-filed or preparing-to-file briefs;
- An explanation of how the issue at hand would affect TLMA members and TLMA’s mission;
- An explanation of where the lower court erred, or where the risk lies for TLMA members if the opposing party were to prevail;
- A description of why the issue is ripe for review by a higher court;
- Names of all lawyers who have represented or continue to represent the plaintiff;
- Names of all lawyers who have represented or continue to represent the defendant; and
- Any additional supporting facts or documentation you feel would be helpful to the Judicial Committee in weighing your request.