Dale Stroud v. Southwestern Energy Company

BENTON, Circuit Judge.

Southwestern Energy Co. disposed of fracking waste near the property of R. Dale and Kari B. Stroud after they refused to lease their property to SWE. The Strouds sued, claiming SWE’s waste migrated onto their property. The district court granted SWE’s motion for summary judgment based on the insufficiency of the Strouds’ proof. Having jurisdiction under 28 U.S.C. § 1291, this court reverses and remands.

I

The facts are “viewed in the light most favorable to the [Strouds].” See Torgerson v. City of Rochester, 643 F.3d 1031, 1042 (8th Cir. 2011) (en banc). SWE extracts…