Parish of Plaquemines v. Northcoast Oil Co. is yet another remand of yet another of the 43 suits filed in state courts against a legion of oil and gas companies under the Louisiana’s State and Local Coastal Resources Management Act of 1978. The suits arise out of the defendants’ decades-long oil production activities on the
We’ll end the year end with a look at “COP27”, the all-expense-paid shindig that was the 27th United Nations Climate Change Conference of the Parties, featuring exaggerations, hysteria, and outright misstatements burning with greater intensity and frequency than their beloved climate itself.
Before you decide who to trust, remember who says they “own the…
Originally Published by the Texas Lawbook.
Cryptocurrency is in the news of late. Its relationship with Texas energy is significant. As reported by Ryan Dusek and Cooper Ligon at Opportune.com, its because of our abundant energy supply, a mix of oil and gas and renewables, and good government…
The Kingfish would be proud of the Louisiana Supreme Court in Louisiana Ex Rel Tureau v. BEPCO, L.P. et al. The issues were the prescriptive period applicable to a citizen suit for injunctive relief under R.S. 30:16 and whether the petition stated a cause of action under R.S. 30:14 and 30:16. The court held that…
Plaquemines Parish, et al v. Chevron et al has characteristics of the many pending climate-change suits brought by governments in state courts against Big Oil, which Big Oil tries to remove federal court. In this case the question was whether the producers were acting under federal officers’ control when they ramped up oil production during…
A special thanks to Derek Younkers, a soon-to-be 1L at Baylor Law School, who gathered the material for this post.
Those with even a passing acquaintance with the Old Testament know that when the Good Book talks pestilence and destruction, its go-to is a horde of locusts. And so it is with the plethora of…
Co-author Brittany Blakey
The Texas Supreme Court has granted petition for review of a 2019 decision in Dyer et al v. Texas Commission on Environmental Quality . At issue is whether rescission of a Railroad Commission no-harm letter before the TCEQ granted an injection-well permit rendered the permit void.
The Injection Well Act (Chapter 27 of the Texas Water Code) governs the permitting process for underground injection wells in Texas. The Act aims to maintain the quality of fresh water for the public and existing industries while trying to prevent injections that may pollute fresh water. Under the Act, a company seeking to construct and operate an injection well must apply to the TCEQ for a permit. The applicant must also provide a “no-harm” letter from the RRC stating that the injection well will not damage an existing oil or gas reservoir.
I’m an oil and gas guy. Why does this order concern me?
This case is about injection wells for industrial and municipal waste, not for oil and gas waste. But the court’s treatment of the Administrative Procedures Act and the effect of (dueling?) orders of state agencies could inform future actions and orders of both agencies.
The long and complicated timeline
Continue Reading Texas Supreme Court to Review Approval of Injection Well Permit
In Plaquemines Parish et al. v. Chevron et al., the U. S. Fifth Circuit has ruled on whether 42 suits brought by six parishes and the Louisiana Attorney General against a number of oil companies belongs in federal court or state court. The allegations are that the companies’ operations over the years essentially destroyed the Louisiana coastal marshes. Billions of dollars are at stake. The immediate issue was whether the defendants’ removal was timely. They were, the result of which is that the cases are likely to remain in federal court.
As the US continues to be more successful in reducing CO2 emissions than the parties to the Paris Climate Accord, those who would do the St. Vitus dance on the grave of the domestic oil and gas industry should consider the risks posed by the alternatives. Here are thoughts from some who know better than…
Gas flaring, especially in the Permian and the Eagle Ford, is coming in hot these days at the Texas Railroad Commission. Presented here are viewpoints from several stakeholders in the discussion. My comments are summaries. For a fuller understanding please read the reports for yourself.
The players are in general agreement on several points:
- There needs to be an end to routine gas flaring.
- Texas flares a lot of gas: About as much annually as all of its residential users combined, or maybe as much as the seven largest cities, or maybe Houston. It depends on who’s talking. Values vary but in the Permian it ranges from $450 Million to $750 Million.
- Progress is being made, plenty for some, not enough for others.
The Texas Methane and Flaring Coalition
These seven trade associations and 40 operators are members of the Railroad Commission’s Blue Ribbon Task Force for Oil Economic Recovery. Their positon, among others:
- More detailed data submissions from operators will result in more effective operational and regulatory decisions that will reduce flaring.
- A proposed flaring matrix (see the report) identifies situations where flaring is necessary and makes recommendations for the application of Rule 32 that will result in overall flaring reductions because of the shortened time frame for administrative approvals.
- Methane emissions from oil and gas systems are down 23 percent since 1990.
- Texas flaring intensity is well below that of comparable countries according to the World Bank.