Nuisance is asserted in almost all environmental lawsuits. The Texas Supreme Court recently made some significant changes to how nuisance law is applied in Texas. In Crosstex North Texas Pipeline, LP v. Gardiner, the Texas Supreme Court stated that the law of “nuisance” seeks to balance a property owner’s right to use his property “as he chooses in any lawful way” against his duty not to use it in a way that “injure[s] another.” According to the court, while the objective may seem simple enough, the “application of these principles gives rise to some of the most difficult questions and delicate distinctions known to the law.”
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