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Showing 5 posts in Trespass.

South Carolina High Court Finds Odors and Intangibles Do Not Constitute Trespass

Calling into question a jury’s multi-million dollar award to the neighbors of a landfill, the South Carolina Supreme Court sided with the minority of states and determined that South Carolina law does not recognize a cause of action for trespass solely from odors. Babb v. Lee Cnty. Landfill SC, LLC, No. 2012-212741 (S.C. Aug. 14, 2013), at 17, available at www.bdlaw.com/assets/attachments/BabbvLeeCty.pdf. Read More ›

Fourth Circuit Rejects Surface Owners’ Trespass Claim Against Drilling Operator

In a victory for hydraulic fracturing interests, the Fourth Circuit held that Chesapeake Energy Corp. did not commit common law trespass upon surface owners’ rights by developing natural gas wells below their farmland. Whiteman v. Chesapeake Appalachia LLC, No. 12-1790 (4th Cir. Sept. 4, 2013), available at www.bdlaw.com/assets/attachments/WhitemanvChesapeake.pdf. Read More ›

West Virginia Court Rejects Trespass Claim For Reasonable Disposal Of Mining Waste

In a decision that eliminates a potential impediment to oil and gas drilling in West Virginia, the Northern District of West Virginia held that surface disposal of drilling waste in on-site pits does not constitute common law trespass under state law.  Teel v. Chesapeake Appalachia LLC, No. 5:11-cv-5 (N.D. W. Va., Oct. 25, 2012), available at www.bdlaw.com/assets/attachments/Teel.pdf.  Granting summary judgment in favor of the defendant, the court concluded that because the placement was “fairly or reasonably necessary” to the mining operation and not a “substantial burden” on the surface owner, defendant had an implied right to construct and utilize disposal pits on the surficial property.  Teel, slip op. at 10, 16.    Read More ›

Minnesota High Court Holds Pesticide Drift Cannot Constitute Trespass

Striking a blow to landowners who may wish to sue over pesticide drift onto their land, the Minnesota Supreme Court held that such an invasion does not constitute trespass.   Read More ›

Texas Recognizes Migration of Injectate as Basis for Subsurface Trespass Claim

On a case of first impression in Texas, a Texas appellate court held that an owner of land may assert a claim of trespass for the migration of subsurface wastewater injectate from an injection well on adjacent property.   Read More ›