A Big Bend in Jurisdiction: Preserving the Environment and Addressing the Basis of a Claim through Sequential Jurisdiction

Key Points

Balancing environmental restoration and resource exploration is crucial in Texas land disputes.
The proposed sequential jurisdiction aims to prevent double recovery, focusing damages on remediation efforts.
Legislative reform is necessary to adapt the primary jurisdiction doctrine to modern challenges.
The framework highlights the need for a structured approach to environmental contamination disputes.

Abstract

The article argues that the doctrine of primary jurisdiction should be adapted into a "sequential jurisdiction" framework to address the conflicting interests of Texas landowners and oil and gas companies in environmental contamination disputes. It advocates for legislative reform to prevent double recovery and ensure that damages awarded for contamination are used for remediation, balancing the need for resource exploration with environmental restoration.

A Big Bend in Jurisdiction: Preserving the Environment and Addressing the Basis of a Claim through Sequential Jurisdiction

Key Points

Abstract

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