Texas Court Orders New Trial In Groundwater Trespass Suit

Law360, Dallas (September 13, 2012, 8:29 PM EDT) -- A Texas appeals court on Thursday reversed a jury verdict and ordered a new trial in a decadelong dispute over whether an East Texas wastewater injection well trespassed into a neighboring pool of saltwater deep underground, on property owned by FPL Farming Ltd.

Citing rulings from the Supreme Court of Texas in the FPL case and the landmark groundwater ownership case Edwards Aquifer Authority v. Day, the Ninth Court of Appeals held FPL had shown evidence at trial of a trespass into its subsurface water. The...
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