Texas Supreme Court Finds a Claim for Trespass May Exist with Subsurface Migration of Water Injected in Well Permitted by State Act
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In FPL Farming Ltd v. Environmental Processing Systems, L.C., the Texas Supreme Court, on appeal from the Court of Appeals For the Ninth District of Texas addressed whether a regulatory permit to drill an injection well absolves the holder from civil tort liability for conduct authorized by the permit. In particular, the Court was faced with a claim for tort damages for physical trespass based on alleged subsurface migration of water injected in the permitted well.
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Topics) Land Use) Mining
Topics) Litigation) Immunity
Topics) Mining and Geology) Injection Well Drilling
Texas Supreme Court
Texas Commission on Environmental Quality
PFL Farming Ltd v. Environmental Processing Systems LC