The Texas Supreme Court will again review this issue in a case between a waste injection well operator, Environmental Systems, L.C., (“EPS”) and the adjacent landowner, FPL Farming Ltd., (“FPL”). FPL alleges that EPS’s waste water from its injection well migrated into the subsurface of FPL’s adjoining land. As a result, the aquifer below FPL’s land is now tainted and can no longer be used as a water source for FPL’s farming operations. The Court conducted oral argument in January, 2014 and a decision is expected later this year. Read More...
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