Drill Texas Drill!: Surface Rights And Subsurface Effluent

Law360, New York (December 20, 2013, 6:24 PM ET) -- The Texas Supreme Court is considering whether deep injection well effluent that migrates to an adjoining landowners’ property constitutes an actionable trespass. Environmental Processing Systems LC v. FPL Farming Ltd., No. 12-0905 (Tex. S. Ct.)(oral argument scheduled Jan. 7, 2014). The case involves a state-permitted wastewater disposal well, but could have implications for oil and gas drilling and other underground energy disposal measures like carbon capture and sequestration.

If the court were to rule in favor of the landowner, oil and gas exploration and production companies...
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