Chance v. BP Chemicals, Inc.
Supreme Court of Ohio
670 N.E.2d 985 (1996)
Rose Chance and other landowners (plaintiffs) sued BP Chemicals, Inc. (defendant), claiming BP's regulatory-compliant deepwell injection of hazardous waste byproducts caused those byproducts to migrate into the rock beneath their properties, violating their property rights. The extent of any migration was disputed and largely speculative. The trial court directed a verdict for BP on ultrahazardous-activity, fraud, and nuisance claims but sent the trespass claim to the jury, which found for BP. The plaintiffs appealed, arguing they had absolute ownership of all rock and water beneath their land and didn't need to prove damages to win on trespass.
Whether, under Ohio law, a real property owner can prevail on a trespass claim for invasion of subsurface property without showing physical damage or actual interference with the reasonable and foreseeable use of that property.