Drilling Water Disposal Fight Returns To Top Texas Court

By Jess Krochtengel (November 22, 2013, 6:47 PM EST) -- A high-profile challenge to how energy companies can dispose of wastewater from oil and gas drilling is returning to the Texas Supreme Court, with the justices on Friday agreeing to decide whether a rice farm can claim subsurface water trespassed on its property.

The dispute stretches back a decade, with FPL Farming Ltd. contending when Environmental Processing Systems LC disposed of fracking fluid in a wastewater injection well, the water trespassed on its property into a neighboring pool of saltwater deep underground. The Texas Supreme Court has seen the case before and in 2011 held EPS could not claim immunity from...

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