Six years ago, the town of Dish and some of its property owners filed a lawsuit against multiple natural gas companies accusing the companies of trespassing and claiming their operations were a public nuisance. Last week, the Texas Supreme Court ruled the claims came too late.
On March 1, the case against Atmos Energy Corp., Enbridge Gathering (North Texas) L.P., Energy Transfer Fuel, L.P., Enterprise Texas Pipeline, L.L.C and Texas Midstream Gas Services , L.L.C. went before the Supreme Court of Texas. Originally filed in the Denton County state district court in 2011, the town of Dish and property owners claimed that excessive emissions, noise and light from natural gas compressors and pipelines ran in the area by the companies just outside town caused a nuisance. They also accused the companies for trespassing because the emissions polluted the town's air.
On May 19, Justice Jeffrey Brown delivered an opinion reversing a court of appeals judgment and reinstating the trial court's take-nothing judgment, which means the plaintiffs obtain no damages or relief. Residents began complaining about noise and odor from the compressor and meter stations as early 2006, but no lawsuit was filed until 2011, according to the opinion.
"We hold that the two-year statute of limitations bars their claims," Brown wrote.
To view Brown's opinion in full, visit http://bit.ly/2rxbCAn.