RECENT STATE DECISIONS

February 2003

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Texas Court of Appeals Denies Nuisance Claim Based Entirely on Apprehension of Future Harm
Union Pacific Resources Company v. Cooper,

The Court of Appeals of Texas has held that a landowner may not, as a matter of law, proceed on a claim of nuisance where the plaintiff and his property had not actually been harmed, even though plaintiff has fear or apprehension that the defendants' activities might, in the future, expose the plaintiff to toxic substances.