Texas landowners are applauding two recent Supreme Court rulings, according to the Texas Farm Bureau (TFB).
The U.S. Supreme Court today ruled unanimously that landowners can challenge Army Corps of Engineers’ wetlands determinations in court. The American Farm Bureau Federation had filed an amicus in support of the landowners in the case (U.S. Army Corps of Engineers v. Hawkes Co).
“Litigation on the definition of Waters of the U.S. (WOTUS) is still out there and still has to be fought. But this helps because the agency actions will be final on jurisdictional determinations, so folks can go to court and challenge it without having to first go through the expensive permitting process or, worse, an enforcement action. The Court is aware of the broad scope of WOTUS and how arbitrarily it could be enforced,” said Regan Beck, TFB director of Government Affairs.
On May 27, the Texas Supreme Court ruled in support of the accommodation doctrine being applied to groundwater development. TFB filed an amicus brief in support of the doctrine being applied to groundwater development in the same manner it is applied in mineral cases.
“This ruling is good news. It strengthens protections for Texas landowners,” said Beck.
The doctrine requires mineral owners—considered the dominant estate—to reasonably accommodate the surface owner’s existing use of the land whenever possible. While it doesn’t stop drilling or pumping operations, the doctrine gives surface landowners some say regarding the circumstances if there is no agreement to the contrary.