Ground(water)-Breaking Decision

Law360, New York (March 9, 2012, 12:59 PM EST) -- On Feb. 24, 2012, two years after oral argument, the Texas Supreme Court issued its watershed decision in Edwards Aquifer Authority (the Authority) v. Day. The court’s long-awaited decision included two significant pronouncements on groundwater that are likely to have ripple effects throughout the water community and could open the flood gates to a wave of litigation.

The case involved an application for a water well permit to the Authority filed by two individuals, collectively referred to as Day. The amount of water to which Day...
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