OIL INDUSTRY LANDFILL PROPOSED FOR LOCATION NEXT TO SMALL TOWN DRINKING WELLS

Residents of Paxton, Texas, are now desperately trying to avoid similar fates to our current and former clients.  McBride Operating, LLC is attempting to place a massive landfill next to the tiny Texas town of 850.  This proposed landfill will accept hundreds of millions of tons of oilfield waste for burial or injection.  The proposed landfill will serve as a disposal site for the waste generated from the oil and gas production process, including drill cuttings, drilling mud, and hydraulic fracturing fluid.

OILFIELD WASTES A GROWING CONCERN

Disposal of oilfield wastes from the fracking boom in the Haynesville Shale is a growing concern in Texas and Louisiana.  The proposed site for the landfill is approximately 1,500 feet from the drinking water wells for the town of Paxton.  Additionally, Paxton overlies the Carrizo-Wilcox Aquifer which extends from Louisiana to Mexico and provides drinking water to 66 Texas counties.

REGULATORS OFTEN FAVOR INDUSTRY

The Texas Railroad Commission, the agency responsible for landfill permitting, has twice rejected the proposal by McBride due to contamination concerns.  However, the Railroad Commissioner is a former landfill developer seemingly more concerned with the cost of waste disposal.  The Commissioner suggested the Commission provide comments and suggestions before requesting McBride to resubmit its application.  This is despite four previous requests to amend the application since 2019.

PROFITS OVER PEOPLE IS A SAD REALITY

“The cost for oil and gas waste disposal in East Texas is high, and I don’t want to negatively affect production in the area,” Wright said.  Regulators more concerned with company profits than the health and safety of citizens is an unfortunate reality.  Deep pocketed companies with teams of attorneys have the advantage.

A BIG OPERATION WITH BIG RISKS

Opponents of the landfill argue that it poses significant environmental and health risks to the surrounding communities. They are concerned about potential groundwater contamination, air pollution, and the release of toxic chemicals into the environment. The landfill is also located in a flood-prone area, which raises additional concerns about the potential for the release of hazardous waste during floods or other natural disasters.

In addition to environmental concerns, residents fear the impact the landfill will have on property values and quality of life. McBride wants to locate the landfill near residential areas, schools, and parks.  The addition of an industrial landfill could stigmatize the area making it less attractive to new residents and businesses.

DESPITE BEST EFFORTS, SAFETY MEASURES OFTEN FAIL

McBride argues it will build and operate the landfill to the highest environmental standards.  The developer states that safety measures will be in place to prevent any environmental harm.  However, this is a common refrain by Texas industry when seeking permits.  Stag Liuzza represents homeowners near an organic peroxide plant that ignited due to loss of cooling during Hurricane Harvey.  The ensuing fire contaminated nearby homes and aggravated nearby residents.  Despite backup safety systems in place, the operator lost control of the plant and nearby residents suffered.

LANDFILL PLACEMENT DECISION SHOULD NOT BE TAKEN LIGHTLY

The decision to proceed with the landfill is ultimately in the hands of the Texas Railroad Commission. Regardless of the outcome, placement of industrial landfills is a complex issue that requires careful consideration and significant scrutiny. Potential benefits and risks must be carefully evaluated to ensure protection of the local community and the environment.  It is also critical that citizen safety takes precedent over industry profits in deciding where to place these dangerous businesses.

ENVIRONMENTAL IMPACT OF ORPHAN WELLS

A major concern with orphan wells is the potential for leaks and spills. As these wells age and deteriorate, there is an increased risk of corrosion and structural failure, particularly in environments near saltwater.  The deterioration of abandoned wells leads to the release of harmful substances such as methane, oil, and other chemicals. These leaks and spills can have a devastating impact on the environment, polluting soil, water, and air, and harming wildlife.

ORPHAN WELLS A DANGER TO CITIZENS

Another danger of orphan wells is the potential for explosions and fires. Methane and other gases that escape from these wells can accumulate, creating a risk of explosion or fire. This can be especially dangerous in densely populated areas, where such incidents can result in significant property damage and loss of life.  Explosions from methane buildup resulted in at least one fatality in Louisiana.

STIGMA OF ORPHAN WELLS AND ABANDONED OPERATIONS

In addition to the physical dangers, orphan wells can also have a negative impact on the local economy. These wells can lower property values, making it difficult for homeowners and businesses to sell or develop their land. They can also discourage new development and economic growth in the area.

It is important to note that the number of orphan wells is increasing globally due to a variety of factors such as low oil prices, natural decline of oil production and companies going bankrupt.  Small operators can take profits producing, then declare bankruptcy when a well ceases production or becomes an environmental liability.

GOVERNMENT AND CITIZENS STUCK WITH THE BILL

This type of operation impacts all citizens.  The cost of cleaning up and plugging orphan wells can be significant, and often falls on taxpayers or the government. Many orphan wells are in poor shape due to a lack of maintenance.  These wells must be closed and remediated to avoid more significant environmental disaster.  That responsibility is increasingly left to the individual states and her citizens.  Louisiana recently received a $25 million grant from the Biden Administration via the Infrastructure Investment and Jobs Act. 

This grant will go toward plugging, capping and reclaiming orphaned oil and gas wells in the state.  This should fund the plugging of roughly 250 orphaned oil wells that pose a danger to people and the environment.