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

Producer's Edge

This brackish mixture of formation water, injected fluids, and various compounds presents one of the industry's most persistent operational challenges. Consequently, over 80% of Texas produced water still finds its way into saltwater disposal wells—a critical infrastructure network that enables continued production.

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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.),

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Third Circuit Issues New Act 312 Decision Involving Prescription and Breach of Contract

The Energy Law

Act 312 provides that any limited admission is admissible in evidence at trial and Unocal’s limited admission was presented to the jury in this case. Notably, as expressly authorized by Act 312, Unocal had entered into a pre-trial limited admission of “environmental damage.”

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