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

OPINION

HOLLIS HORTON, Justice.

Following the jury trial of a trespass case, the trial court rendered judgment on the jury’s verdict for the defendant, Environmental Processing Systems, L.C., (EPS). The plaintiff, FPL Farming Ltd. (FPL) claimed that EPS trespassed onto its property by causing subsurface waste-water to migrate into the subterranean level of FPL’s tracts, which are located next to a tract on which EPS operates a non-hazardous waste injection well. The jury failed to find that a trespass had occurred. Because we conclude the *278charge given to the jury improperly placed the burden of…