Asserting Dominance: Do Renewable Developers Have to Accommodate Oil & Gas Surface Use?

Disputes between renewable energy developers and the owners of mineral rights could potentially lead to losses well outside the scope of most title insurance policies. At the very least, these disputes can lead to protracted and expensive litigation, laden with fact-intensive expert testimony, as in the case of Lyle v. Midway Solar, LLC.

Our latest Energy Law Update explores the El Paso Court of Appeals’ decision on whether to apply the accommodation doctrine in a case involving a solar facility that was constructed by defendants on a 315-acre tract of land in Pecos County, Texas.

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