Over the past few months, a number of nuisance lawsuits against oil and gas companies have made the news. While the headlines often mention “fracking,” hydraulic fracturing usually has little or nothing to do with these cases. These disputes actually are over other aspects of oil and gas development, including bright lights, loud noises, and odors from drilling, production, or transportation, rather than the fracking process itself.
Nuisance complaints about lights, noise, and fumes are nothing new. Texas courts have been dealing with such claims since the early days of Texas oil boom in the early 20th century. Balancing the needs of mineral owners and surface owners, Texas courts have historically been skeptical of such claims.
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