No. In FPL Farming Ltd. v. Environmental Processing Systems, L.C., the Beaumont Court of Appeals held that a party was shielded from civil tort liability merely because it received a permit to operate a deep subsurface wastewater injection well.
The appellate court reasoned that when a state agency authorized deep subsurface injections, no trespass occurs when fluids that were injected at deep levels are then alleged to have later migrated at those deep levels into the deep subsurface of nearby tracts. The Supreme Court disagreed and held that as a general rule, a permit granted by an agency does not act to immunize the permit holder from civil tort liability for actions arising out of the use of the permit.
Similarly, the language of the CAA indicates that Congress did not intend it to provide the exclusive cause of action, such that plaintiffs’ state common-law claims for nuisance and negligence are not completely preempted.
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