The plaintiff, a rice farm, sued the defendant, the operator of a wastewater disposal facility that was adjacent to the plaintiff's property, for trespass. The basis of the trespass claim was that subsurface wastewater injected into a rock formation more than 1.5 miles below the surface of the defendant's property had migrated into the deep subsurface of the plaintiff's property possibly contaminating briny groundwater beneath the surface. The trial court charged the jury with determining whether the plaintiff trespassed on the defendant's property with trespass defined as a non-consensual entry where the party claiming trespass bore the burden of establishing the lack of consent to the entry. The jury determined that the plaintiff had not committed a trespass. On appeal, the court reversed, determining that consent is an affirmative defense to trespass for which the plaintiff, as the alleged trespasser, bore the burden of proof. The appellate court also determined that the defendant was not entitled to a directed verdict because there was some evidence that the defendant had impliedly consented to the plaintiff's subsurface entry. On further review, the Texas Supreme Court reversed the appellate court and reinstated the trial court's judgment holding consent is not an affirmative defense to a trespass action. Instead, the Supreme Court noted, lack of consent of authorization is an element of a trespass cause of action that the party alleging trespass must prove. The court noted that the Texas Court of Appeals had never delivered a well-reasoned decision in which it allocated the burden of proving consent in trespass cases, while it is well-established in Texas that a trespass action is an unauthorized entry onto the land of another. Environmental Processing Systems, L.C. v. FPL Farming Ltd., No. 12-0905 (Tex. Sup. Ct. Feb. 6, 2015).