Haynes and Boone Lawyers Obtain Dispositive Summary Judgment in Environmental Case

06/26/2013


FORT WORTH – A Fort Worth-based Haynes and Boone, LLP team consisting of Partners George Parker Young and Karen Precella and Associate Vinny Circelli has obtained dispositive summary judgment for Enbridge Gathering (North Texas) L.P. in a widely followed environmental nuisance case.

The plaintiffs in the case included a municipality, the mayor, and eighteen residents of the Town of Dish, Texas. They alleged that the operation of a row of compressor stations in the Barnett Shale near Dish by Enbridge and several co-defendants created public and private nuisances and continuing trespass from alleged emissions, noise and light, causing alleged lost property values and personal injury. The plaintiffs’ allegations were the subject of intense media and regulatory attention.

In February 2013, Enbridge moved for summary judgment on the grounds that: (1) Plaintiffs’ claims are pre-empted by the federal and state clean air acts; (2) Plaintiffs’ claims are barred by the political question doctrine; (3) Plaintiffs’ claims do not exist as a matter of law since the alleged emissions are within the regulatory limits; and (4) Plaintiffs’ claims are barred by the two-year statute of limitations.

The court granted Enbridge’s motion in full in June 2013. The court dismissed all claims against Enbridge with prejudice.

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