Texas Case Could Make Drillers Rethink Fracking Disposal

By Jess Krochtengel (November 25, 2013, 8:10 PM EST) -- A trespassing case taken up by the Texas Supreme Court on Friday asks whether landowners can sue when wastewater from underground injection wells ends up on their land, and the outcome could force energy companies to rethink how they dispose of byproducts from fracking and other power generation activities.

The court is expected to decide whether a cause of action exists in Texas for trespasses that occur deep underground, when water migrates to another tract of land or mingles with a neighboring subsurface pool of water. The case involves a water disposal well permitted by the Texas Commission on Environmental Quality,...

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