Definition and Meaning
The "No 09-0901 IN THE SUPREME COURT OF TEXAS - supreme courts state tx" refers to a legal brief submitted as an amicus curiae, which means "friend of the court." This particular brief was filed by Plains Pipeline, L.P., in support of another company, Denbury Green Pipeline-Texas, LLC, in a legal case before the Supreme Court of Texas. The primary focus of this brief is to argue against a certain interpretation of the Texas Natural Resources Code that affects how pipeline companies are designated as common carriers with eminent domain powers. Eminent domain refers to the right of the government or its delegate to take private property for public use, with compensation.
Context in Legal Proceedings
In legal terms, the term "amicus curiae" is used when a party not directly involved in a case offers information or expertise that may assist the court in its decision-making process. The submitted brief in this context supports the stance taken by another party in the case, aiming to influence the court's perspective based on broader implications for state infrastructure development.
Legal Use of the Form
This legal brief plays a critical role in the judicial process by providing additional insights into the legislative intent behind the Texas Natural Resources Code. Specifically, the contention revolves around whether pipeline companies must demonstrate actual public use to qualify as common carriers. The form argues that such a requirement does not align with legislative purposes designed to facilitate energy infrastructure projects, suggesting that it would lead to developmental hindrances within the Texas energy sector.
Legislative Intent and Impact
The legislative intent behind the code section in question is to ensure pipeline accessibility to all shippers, thereby promoting infrastructure development without imposing unnecessary burdens on pipeline companies. The brief's perspective is vital in framing this debate within the broader goals of state policy and infrastructure planning.
Key Elements of the Brief
The brief is structured to address several key elements:
- Interpretation of Texas Natural Resources Code § 111.002(6): Focuses on the requirements for qualifying as a common carrier under Texas law.
- Eminent Domain Powers: Discusses the implications of requiring proof of actual public use for eminent domain designation.
- Impact on Energy Infrastructure: Examines how strict interpretations could impede the development of pipelines essential for Texas's energy distribution needs.
Examination of Statutory Language
By analyzing the statutory language, the brief explores whether legislative changes are needed to clarify the conditions under which these powers can be exercised without compromising state infrastructure goals.
How to Obtain and Use the Document
Acquiring a legal brief from the Supreme Court of Texas involves several steps:
- Research the Case: Begin by researching the specific case "No 09-0901" on the Supreme Court of Texas's website or reputable legal databases.
- Locate the Brief: Identify the specific amicus curiae brief filed by Plains Pipeline, L.P. This may involve accessing court records or legal repository services.
- Review the Content: Once obtained, carefully review the document to understand the arguments presented and their alignment with broader legal and infrastructure goals.
Practical Application
Such briefs are typically used by legal professionals involved in similar or related cases, educational purposes, and policy development, as they offer insights into judicial reasoning and statutory interpretation relevant to infrastructure and eminent domain topics.
State-Specific Rules and Considerations
Specific to Texas, the rules and interpretations concerning pipeline infrastructure and eminent domain powers reflect particular state priorities and legal doctrines. Texas's emphasis on energy resource accessibility underlines the significance of ensuring that legal stipulations do not inadvertently stifle necessary infrastructure development.
Variations Across Jurisdictions
It's essential to recognize that interpretations and applications of similar legal principles may vary significantly across different state jurisdictions. Thus, understanding the nuanced focus and implications within Texas provides valuable insights into broader national trends in infrastructure law.
Who Typically Uses This Form
This kind of legal form is primarily utilized by:
- Legal Professionals: Attorneys engaged in cases involving infrastructure, energy law, or eminent domain.
- Policy Makers: Government officials involved in crafting legislation related to state infrastructure.
- Educational Institutions: Used as a resource in law schools and public policy programs to teach about judicial procedures and legislative impacts.
Broader Stakeholder Engagement
The insights provided by such briefs can also benefit advocacy groups, industry stakeholders, and research entities focusing on economic development and resource management.
Important Terms Related to the Brief
Understanding some crucial terms associated with this brief is vital for comprehensive analysis:
- Amicus Curiae: A party, not directly involved in the litigation, offering insights.
- Eminent Domain: The power to take private property for public use.
- Common Carrier: A pipeline company providing service to the public under governmental regulation.
Terminology Clarification
Clarifying these terms helps stakeholders better interpret the legal and economic implications presented in the brief and how they relate to larger state and federal policy objectives.
