Grid Technology

As discussed in our client alert, the Supreme Court of Texas issued an opinion on May 27, 2016, extending the accommodation doctrine to groundwater owners. The City of Lubbock (the City) filed a Motion for Rehearing on August 2, 2016 requesting clarification of certain language in the opinion. Specifically, the City argues that as written, the opinion would allow the limitations of the accommodation doctrine to govern a groundwater lessee’s rights to the surface to extract groundwater, in spite of the express rights granted by the deed between the parties, on the grounds that:

Missouri Public Service Commission (Commission) Rule 4 CSR 240-4.020(2) provides that any “regulated entity” that intends to file a case likely to be a contested case must file a notice with the Commission a minimum of sixty days prior to filing such case. Until the Commission’s rejection of Grain Belt Express’ application for a certificate of convenience and public necessity (CCN) for its proposed Clean Line project, it was arguably unclear which applicants were “regulated entities” subject to the notice requirement.