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Drowning in Liability: Court Extends "Waste" Liability to SWD Operator; but preserves the RPO defense

Producer's Edge

Consequently, over 80% of Texas produced water still finds its way into saltwater disposal wells—a critical infrastructure network that enables continued production. The tensions between production and the related disposal of produced water create complex liability questions that Texas courts continue to refine.

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Unpacking Proximate Cause in SWD Failure

Producer's Edge

Saltwater disposal wells rarely fail, but when they do, a complex web of legal issues can arise, such as potential regulatory matters, and potential claims for surface or subsurface damages, among other related operational concerns. Operating LLC , No. 03-22-00063-CV, 2024 WL 847222 (Tex.App—Austin Feb. 29, 2024, no pet.),