STARRH AND STARRH COTTON GROWERS v. AERA ENERGY LLC

Nos. F047540, F048555.

63 Cal.Rptr.3d 165 (2007)

153 Cal.App.4th 583

STARRH AND STARRH COTTON GROWERS, Plaintiff, Appellant and Respondent, v. AERA ENERGY LLC, Defendant, Appellant, and Respondent. Starrh and Starrh Cotton Growers, Plaintiff and Appellant, v. Aera Energy LLC, Defendant and Respondent.

Court of Appeal of California, Fifth District.

July 20, 2007.


Attorney(s) appearing for the Case

Law Offices of Ralph B. Wegis, Ralph B. Wegis, Bakersfield, and Michael J. Stump, for Plaintiff, Appellant, and Respondent Starrh and Starrh Cotton Growers.

Munger, Tolles & Olson, Stephen M. Kristovich, Patrick J. Cafferty, Jr., San Francisco, and Michael R. Barsa; Clifford & Brown, Patrick J. Osborn, Bakersfield, for Defendant, Appellant, and Respondent Aera Energy LLC.


OPINION

WISEMAN, Acting P.J.

The dispute in this case arises out of an alleged subsurface trespass resulting from the migration of waste water produced from oil production activities on land owned by Aera Energy, LLC (Aera), and adjacent to land owned by Starrh and Starrh Cotton Growers (Starrh). The waste water, called "produced water," is naturally occurring water which is pumped out of the deep ground...

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