June 3, 2025 | Congratulations to the GableGotwals attorneys recently recognized in the 2025 Top Attorneys guide by 405 Magazine. This marks the Firm’s sixth consecutive year to appear in the review.

The local guide to attorneys and practices was developed through extensive peer-review surveys conducted by DataJoe Research. This year, 20 GableGotwals attorneys were highlighted in 13 practice areas:

Appellate Law

Gerard M. D’Emilio

Business Law

J. Blake Patton

Civil Law Litigation

Amy M. Stipe

Commercial Litigation

John M. “Jake” Krattiger
Nick V. Merkley

Eminent Domain

Scott Kiplinger

Energy, Oil and Gas

Brooks A. Richardson
Rob F. Robertson

Government and Administrative

David R. Herber
Robert G. McCampbell

Insurance

Lance Leffel
Ashlyn M. Smith
Leasa M. Stewart

Labor and Employment

Ellen A. Adams

Land Use Environment

Tim Sowecke

Medical Malpractice Defense

Brian Blackstock
Zoe Butts Dowdell

Oil and Gas

Talitha Ebrite
Leo J. Portman

Product Liability

Jeffrey A. Curran

GableGotwals’ profile is featured in the June 2025 issue of 405 Magazine, beginning on page 67. The article is also available online.

May 28, 2025 | By: Brian K. Tully and Ashlyn Smith

On May 16, the Texas Supreme Court clarified a long-standing issue in Myers-Woodward, LLC v. Underground Services Markham, LLC and United Brine Pipeline Company, LLC, holding that unless a deed provides otherwise, surface owners – not mineral owners – control subsurface pore space created by salt mining. The ruling has profound implications for the future of carbon capture and storage (CCS), particularly as Texas moves toward primacy over regulation of Class VI wells such that the state Railroad Commission (and not the federal Environmental Protection Agency) would have primary authority for implementation and enforcement of permitting standards for CCS installations — and the federal government expands incentives through the Section 45Q tax credit.

At the heart of the Myers-Woodward case lies a fundamental question of property rights: who owns the subsurface voids—specifically, salt caverns—created by salt extraction? The case concerned a 160-acre tract where the severed mineral estate was conveyed to Underground Services Markham, LLC (USM), which conducted solution-mining to extract salt, creating underground caverns suitable for storing hydrocarbons or CO₂. USM claimed ownership and usage rights to the caverns, arguing that as the mineral owner and creator of the caverns, it could store offsite hydrocarbons or lease storage rights to third parties. Myers-Woodward, LLC, the surface owner, countered that USM’s rights were limited to salt production and did not include using the resulting voids for unrelated storage. The court agreed, ruling that absent an agreement to the contrary, these caverns formed through the removal of salt by the mineral estate holder belong to the surface estate. The decision distinguished seemingly analogous cases that favored mineral rights holders in disputes over the ownership of coal mines and established a new “bright-line” rule for salt caverns akin to existing precedent for migratory minerals like oil and gas: surface owners retain control over the empty spaces left behind after mineral extraction.

This ruling has profound implications for the future of CCS in Texas. Salt caverns are among the most promising geological formations for the long-term storage of carbon dioxide. However, to qualify for the lucrative 45Q tax credit—currently offering up to $85 per metric ton of CO₂ permanently stored—developers must have legal rights to the storage site. The court’s decision means that mineral rights holders cannot unilaterally repurpose caverns for CO₂ storage without acquiring the rights from the surface owner. In practical terms, this elevates the negotiating power of landowners like Myers-Woodward, who can now lease these caverns to CCS developers and potentially share in the revenue generated by 45Q credits.

The timing of this legal clarification is particularly significant as Texas nears approval for Class VI primacy. Under the Safe Drinking Water Act, Class VI wells are regulated to ensure the safe and permanent storage of CO₂ in deep geologic formations. While the Environmental Protection Agency (EPA) currently oversees these permits, Texas has taken steps to assume regulatory authority. In April 2025, the EPA and the Texas Railroad Commission (RRC) signed a Memorandum of Agreement, signaling that Texas is on the cusp of gaining full primacy. Once granted, the RRC will have the power to issue and enforce Class VI permits, streamlining the process for CCS projects and potentially accelerating deployment across the state.

The convergence of these developments underscores the complexity of aligning legal, economic, and environmental objectives. For CCS to succeed at scale, developers must navigate not only engineering challenges, but also the intricate web of property law and regulatory frameworks. GableGotwals attorneys have deep experience in energy law, environmental compliance, and property rights. Our team can help you navigate the complexities of subsurface ownership, secure 45Q tax incentives, and comply with Class VI well regulations.

If you have any questions, please contact any member of GableGotwals’ Energy, Oil & Gas team.

GableGotwals represents Jet Commercial Construction, LLC and its owners, Steve Rich and Jake Sharp, in a negligent-misrepresentation and breach-of-contract dispute arising from the construction of a fountain at Ceasars Place in Las Vegas, Nevada. The Firm’s litigation team moved to dismiss the individual claims due to lack of personal jurisdiction. The trial court denied the motion and issued subsequent adverse rulings against the individual owners on discovery issues. The litigation team filed a petition for a writ of prohibition with the Nevada Supreme Court, which the Court ultimately granted and directed the trial court to dismiss Rich and Sharp.

Lieutenant Colonel Ashlyn M. Smith

I served as a Combat Systems Officer in the U.S. Air Force and, after seven years on active duty, the Oklahoma Air National Guard, again as a Combat Systems Officer and later as a Judge Advocate.

Military service has run deep in my family for generations. My call to serve came following 9/11, which led me to enroll in R.O.T.C. and later commission as a Second Lieutenant in the U.S. Air Force.

I was deployed in support of the 2011 military intervention in Libya when news broke that the U.S. has successfully killed Osama bin Laden. I learned of the news after landing at the end of a nearly 16-hour mission in support of the Libyan no-fly zone. I remember that moment as vividly as 9/11.

Thanks to my military service, I was able to attend law school with the assistance of the G.I. Bill. As an attorney, I have offered pro bono services to various veteran groups and individual veterans experiencing service-related hardships. I also maintain close friendships with many of my fellow servicemembers.

How did your military service shape your view of leadership and teamwork?

The rigorous training and demanding environment taught me the importance of discipline and attention to detail. I learned to stay calm under pressure, which has been invaluable in both my personal and professional life. Teamwork was another crucial lesson. Working closely with others, often in high-stress situations, taught me the value of trust and collaboration. Serving my country gave me a broader perspective on life and a strong sense of purpose. These experiences have made me more resilient and adaptable, qualities that I carry with me every day.

What could civilians or your workplace do to better support veterans?

Say thank you and appreciate the sacrifice service members and their families make to keep our country free.