Business Court Remands Produced Water Disposal Dispute Over Amount-in-Controversy Threshold

The Business Court of Texas remanded OWL AssetCo's breach-of-contract claim against EOG Resources arising from three produced water spills, finding that EOG failed to establish the $10 million jurisdictional threshold required under Section 25A.004(d)(1). EOG had removed the case asserting the amount in controversy exceeded $10 million based on OWL's indeterminate millions in compensatory damages and EOG's own counterclaim seeking approximately $929,192 in liquidated damages.