Texas's New "Business Courts" Are Already A Sham

Texas is opening a fossil fuel-backed business court stacked with judges who’ve represented oil and gas companies.

By Katya Schwenk, The Lever

On Sept. 1, Texas is slated to open its new business courts, a brand-new legal system backed by Big Oil — and several of the court’s main judges have in the past represented fossil fuel companies as lawyers, The Lever has found.

The judges were hand-picked over the last two months by Texas Republican Gov. Greg Abbott, a major recipient of oil industry cash — and many can be quickly replaced if they hand down decisions he opposes, a judicial design that he championed.

The courts consist of 11 regional business courts and a new statewide court of appeals to hear appellate litigation, which are expected to have immediate impacts on environmental cases in the state. As Public Health Watch, an independent investigative news organization, reported last month, a suite of cases involving state environmental authorities will now be transferred from a generally liberal appeals court to the state’s new Fifteenth Court of Appeals, created to oversee the business courts.

There, these cases will be decided by a panel of conservative judges historically friendly to industry — particularly oil and gas interests, a powerful force in Texas.