pjc-oil-and-gas-2022-lib

I MPROPER U SE OF R EAL P ROPERTY

PJC 302.4

Ltd. v. Environmental Processing Systems, L.C. , 351 S.W.3d 306 (Tex. 2011). The Texas Supreme Court has not determined the validity of deep subsurface trespass claims. See Environmental Processing Systems, L.C. v. FPL Farming, Ltd. , 457 S.W.3d 414 (Tex. 2015); Coastal Oil & Gas Corp. v. Garza Energy Trust , 268 S.W.3d 1 (Tex. 2008); Railroad Commission of Texas v. Manziel , 361 S.W.2d 560 (Tex. 1962); FPL Farming, Ltd. v. Environmental Processing Systems, L.C. , 383 S.W.3d 274, 280 (Tex. App.—Beaumont 2012, rev’d on other grounds). In Coastal Oil & Gas Corp. , the Texas Supreme Court held that recovery for drain age is barred by the rule of capture when proppant from a fracture treatment on a legal well crosses subsurface lease lines and results in flow of gas to another owner’s tract. Coastal Oil & Gas Corp. , 268 S.W.3d at 12–13. The opinion left open the question whether a fracture originating at an illegal well would be actionable and expressly declined to decide the broader issue of whether subsurface hydraulic fracturing (also known as fracking) can ever give rise to an action for trespass. Coastal Oil & Gas Corp. , 268 S.W.3d at 12–13.

[PJC 302.5–302.7 are reserved for expansion.]

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