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Texas Supreme Court hears dispute over flood causation after Hurricane Harvey
Summary
At oral argument in Tenaris Bay City v. Elisor, attorneys debated whether plaintiffs offered legally sufficient evidence tying Tenaris’s site discharge to flood damage during Hurricane Harvey, with counsel disputing whether hydrological expert work was required to show but‑for causation.
The Supreme Court of Texas heard argument in 230808, Tenaris Bay City v. Elisor, a dispute about whether property owners proved Tenaris’s site caused flooding during Hurricane Harvey.
The petitioner's lead counsel argued the plaintiffs “failed to produce any evidence that Tenaris' conduct caused the flooding of their properties,” saying the plaintiff expert never modeled how increased outflow from the Tenaris site would have traveled across intervening watercourses to the homes at issue. The petitioner told the court that the expert’s analysis stopped at the Tenaris site boundary and therefore left a…
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