Monthly Archives: January 2014

Texas Supreme Court To Hear Landmark Underground Trespass Case This Week

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*This article is not a substitute for the advice of an attorney.* On Tuesday, the Texas Supreme Court will hear oral arguments in Environmental Processing Systems, L.C. v. FPL Farming LTD., a landmark case involving the intersection of oil and gas production and private property rights.  The question facing the court is whether trespass can occur nearly 1 mile underground when waste water from oil production that is disposed of in an injection well migrates under the property of another landowner.  If you are interested, you may watch the argument online. Factual Background  In… Read More →

January 3, 2014 Weekly Update

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**This article is not a substitute for the advice of an attorney.** Happy New Year!  Here are some of the ag law stories in the news this first week of 2014. *EPA Appeals Alt Decision.  The EPA has filed an appeal to the United States Court of Appeals for the Fourth Circuit in Alt v. EPA.  As you read about on this prior blog, the trial court found that manure runoff from the Alt farm constituted agricultural storm runoff and, therefore, was not required to obtain a NPDES… Read More →