The 9th Court of Appeals for Texas (Beaumont) has reversed a jury verdict and ordered a new trial in a decadelong dispute over whether an East Texas wastewater injection well trespassed into a neighboring pool of saltwater deep underground. The case opinion, styled FPL Farming Ltd. v. Environmental Processing Systems L.C., resulted in a holding FPL had shown evidence at trial of a trespass into its subsurface water.
Despite claims by FPL that EPS trespassed onto its property by causing subsurface wastewater to migrate into the subterranean level of FPL's tracts, the jury failed to find that a trespass had occurred. The court of appeals, however, determined that the trial court misallocated the burden of proof, and remanded the case for trial on the issue of trespass.
The full opinion is available HERE.
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