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Expert Analysis

An Important Case On Subsurface Trespass

Law360, New York (May 14, 2014, 6:27 PM EDT) -- Fluids associated with oil and gas production frequently move across subsurface property lines. For example, injected fracking fluids and disposed saltwater often move beyond the lease upon which the particular injection well is situated. Generally, the Texas Supreme Court has held that when fluids are used in support of oil and gas recovery efforts, and those fluids happen to cross a subsurface property line, no actionable trespass occurs. But the issue is not wholly settled....

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