As Texas oil and gas exploration and production activities are increasingly occurring near residential areas, more and more unhappy homeowners are filing nuisance lawsuits against the energy companies, contending that the fumes, noise, dust and truck traffic generated by nearby drilling sites substantially interfere with their ability to enjoy their property.

The U.S. Court of Appeals for the Fifth Circuit recently dealt with an appeal from the U.S. District Court for the Northern District of Texas involving a nuisance suit brought by several homeowners in Parker County, Texas, claiming that Devon Energy Corp. carried out oil and gas drilling activities in their neighborhood that were noisy and disruptive and inhibited their use of their land.