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

In this case, a landowner sued its neighbor, the operator of an adjacent wastewa-ter disposal facility, on the theory that deep subsurface wastewater trespassed beneath the landowner’s property. The jury returned a verdict in the wastewater disposal facility’s favor. After a series of appeals that included an opinion and remand from this Court, the court of appeals reversed the jury’s verdict. 388 S.W.3d 274, 289 (Tex.App.-Beaumont 2012). Today we hold that the jury instruction properly included lack of consent as an element of a trespass cause of action that a plaintiff must prove, and that…