Gas Well Operator’s Injunction Against Texas Town is Dissolved
Charles Sartain, writing in Gray Reed’s Energy & the Law blog, tells the story of Town of Flower Mound v. Eagle Ridge Operating LLC, in which an operator’s injunction against enforcement of a local ordinance was dissolved.
EagleRidge operates gas wells in the Flower Mound. A town ordinance prohibits work on gas wells (other than drilling) at times other than between 7 a.m. and 7 a.m. Monday through Friday and certain times on Saturday.
A court of appeals dissolved an injunction against the town, holding the trial court had no subject matter jurisdiction over the dispute because the ordinance is penal in nature, Sartain explains. (A violation is considered “unlawful” and is punishable by fine.)