El Paso Court Denies Interlocutory Appeal on 'Concrete Risk of Harm' Accrual Standard in Wastewater Injection Case

The El Paso Court of Appeals denied a permissive interlocutory appeal in a wastewater disposal case where defendants sought to establish that the statute of limitations accrued when Stateline's predecessor learned in 2021 of potential wastewater risks from neighboring operations, rather than when actual interference with drilling operations occurred in 2022. The court found that unresolved questions of material fact precluded the purely legal determination required for permissive appeal.