In Re Discovery Operating, Inc.

OPINION

AUSTIN McCLOUD, Senior Justice (Retired).

Discovery Operating, Inc. filed suit against BP America Production Company for damages arising from BP’s use of two saltwater injection wells in the vicinity of Discovery’s oil and gas lease. Discovery asserted claims for negligence, negligence per se, and common law and statutory waste. 1 Discovery alleged that BP had violated its injection-well permits and the rules and regulations of the Texas Railroad Commission. The district court abated the proceedings until such time as the Texas Railroad Commission determines whether BP violated any…