News & Analysis as of

Wastewater Trespass

Mitchell, Williams, Selig, Gates & Woodyard,...

Sanitary Sewer Overflow/Alleged Damages: Circuit Court of Carrol County, Arkansas Complaint Filed Against Eureka Springs

James McEvoy (“McEvoy”) filed an April 2nd Complaint in the Circuit Court of Carroll County, Arkansas against Eureka Springs, Arkansas alleging damages due to a sanitary sewer overflow (“SSO”). See Case No. 08WCV-25-39....more

Oliva Gibbs

YOU SWAMPED MY WELLS!! – Texas Court finds that Saltwater Disposal May Create an Actionable Trespass

Oliva Gibbs on

Iskandia Energy Operating, Inc. v. SWEPI LP is the latest installment in a growing line of Texas cases addressing various forms of subsurface trespass. Iskandia recognizes the possibility of a trespass claim due to unwanted...more

King & Spalding

Texas Supreme Court Avoids Answering a Fundamental Question in a Wastewater Disposal Case

King & Spalding on

One year ago, in the May 2014 issue of the Energy Newsletter, we highlighted the case of Environmental Processing Systems, L.C. v. FPL Farming Ltd., (2015 WL 496336) an important environmental trespass case pending before the...more

Baker Donelson

Texas Supreme Court Leaves Trespass Question Unanswered

Baker Donelson on

Last week, the Texas Supreme Court issued its opinion in Environmental Processing Systems LC v. FPL Farming Ltd., case number 12-0905, and specifically declined to address the issue of whether wastewater that migrates under...more

Porter Hedges LLP

Environmental Alert: "Texas Supreme Court Declines to Determine Effect of Permit in Subsurface Trespass Case"

Porter Hedges LLP on

The Supreme Court of Texas upheld a jury verdict finding that a landowner did not suffer trespass from a wastewater injection well located on adjacent property. Environmental Processing Systems, L.C., v. FPL Farming Ltd.,...more

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