FPL Farming Ltd. v. Environmental Processing Systems, L.C.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the Injection Well Act, Chapter 27 of the Water Code, did not reflect a policy determination by the Legislature “to authorize an agency to determine ownership of the deep subsurface or determine whether authorized migration invades private property rights”
• declining to decide “whether subsurface wastewater migration can constitute a trespass, or whether it did so in this case”
• “[T]he mere fact that an administrative agency issues a permit to undertake an activity does not shield the permittee from third party tort liability stemming from consequences of the permitted activity.”
• “As a general rule, a permit granted by an agency does not act to immunize the permit holder from civil tort liability from private parties for actions arising out of the use of the permit.”

Source: CourtListener parenthetical corpus (CC0).