Underground Injection Wells: Trespass Administrative Law: Effect of Commission Orders on Common Law Causes of Action Trespass: Standing

摘要

In 1996, the Texas Natural Resource Conservation Commission issues permits to EPS for the construction and operation of two nonhazardous underground injection wells. The targeted formation is the Frio Saltwater Formation at a depth of between 7350 and 8200 feet below the surface. The permit applications include EPS' prediction on how far the injected fluids will migrate over ten and thirty year periods. FPL, an adjacent surface owner, requests a contested case hearing on the permit applications but withdraws its request upon a settlement being reached with EPS that includes a payment of $185,000. In 1999, EPS seeks to amend its permits to increase the allowed injection rate. The Commission adopts the finding of an administrative law judge who recommends approval of the permits. FPL appeals the permit decision.