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Miller v. Mississippi Resources, LLC

ELR Citation: 47 ELR 20083
Nos. 5:17-cv-41-DCB-MTP, (W.D. Miss., 06/26/2017) (Bramlette, J.)

A district court held that a Mississippi landowner is not entitled to an injunction to stop alleged contamination from oil and gas production activities on his property. The landowner's property is subject to certain mineral leases, rights of way, and surface agreements allowing a company access to his property for the purposes of oil and gas production and the use of a saltwater pipeline. The landowner claimed that production activities were causing extensive surface and subsurface contamination and production waste contamination, which has resulted in clean-up costs and irreparable health hazards to his land and family. The landowner brought suit alleging negligence and requesting a preliminary injunction to prohibit production. The company challenged the injunction, claiming that, if proven, the award from the negligence claims would remedy the damage to the land. The court agreed with the mineral company, finding that the landowner's claims of irreparable harm were only supported by his own conclusions.