FPL v. ENVIRONMENTAL PROCESSING SYSTEMS

No. 09-1010.

351 S.W.3d 306 (2011)

FPL FARMING LTD., Petitioner, v. ENVIRONMENTAL PROCESSING SYSTEMS, L.C., Respondent.

Supreme Court of Texas.

Decided August 26, 2011.


Attorney(s) appearing for the Case

Claudia Wilson Frost , DLA Piper LLP, Christopher Jene Richart , Pillsbury Winthrop Shaw Pittman, LLP, Paul L. Mitchell , Andrews Kurth LLP, J. Brett Busby , Bracewell & Giuliani, LLP, Hutson Brit Smelley , Mayer, Brown, Rowe & Maw LLP, Houston, TX, C. B. Stratton , Liberty, TX, for FPL Farming, Ltd.

Richard G. Baker , Baker & Zbranek, P.C., for Environmental Processing Systems, L.C.

Chris Lee Gilbert , Bryan Cave LLP, Dallas, TX, for Amicus Curiae The Underground Injection Technology Council.

Samara L. Kline , Baker Botts L.L.P., Dallas, TX, for Amicus Curiae Texas Oil & Gas Association.


Justice WAINWRIGHT delivered the opinion of the Court.

In this case we consider whether a regulatory permit to drill an injection well absolves the holder from civil tort liability for conduct authorized by the permit. Environmental Processing Systems, L.C. (EPS) obtained permits from the Texas Natural Resource Conservation Commission (now the Texas Commission on Environmental Quality) to construct and operate two deep wastewater injection wells on a tract next to...

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