Judge Dana Douglas,  nominated by President Biden to the Fifth Circuit, wrote a unanimous opinion  that affirmed a jury verdict of over $650,000 to a pecan farm whose property was damaged by strip mining of nearby land by Martin Marietta. The April 2024 decision was in Good River Farms v TXI Operations.

 

What happened in this case?

 Good River Farms operates a pecan farm on the Colorado River near Austin, Texas. Martin Marietta Corp. and TXI Operations (“Marietta”) use the land across the river from the farm for strip mining of sand and gravel.

In 2015, a severe flood occurred in the area. As a result of alleged negligence by Marietta and violations of state law, Good River “sustained severe damage to its pecan farm” and sued Marietta in state court. Specifically, Good River contended that the strip mining “resulted in the presence of a large pit filled with groundwater that breached and released a deluge of impounded surface water onto their property.” Marietta removed the case to federal court, where a jury trial took place in 2022.

The jury trial resulted in a verdict of over $659,000 in favor of Good River and against Marietta. The company appealed the case to the Fifth Circuit.

 

How Did Judge Douglas and the Fifth Circuit Rule and Why Is it Important?

 Judge Douglas wrote a unanimous opinion affirming the verdict below. She carefully reviewed Marietta’s arguments against the jury verdict, noting the “deferential” standard that applies in such cases. In particular, she found that Good River had provided evidence, contrary to Marietta’s claim, that negligence by Marietta had “proximately caused” the damage to its farm by “diverting and impounding surface water.”

Judge Douglas’ opinion is obviously important to Good River and its effort to get justice and compensation for the environmental damage to its property. It also reinforces precedent in the Fifth Circuit, including Texas, Louisiana, and Mississippi, concerning corporate liability for flood damage. And it serves as a reminder of the importance of promptly confirming fair-minded judges like Judge Douglas to our federal courts.