COVID-19 Pandemic Used to Challenge Oil and Gas Development in Texas
In Texas, given state preemption of local regulation under HB40, it is yet to be seen how successful those efforts will be.
August 12, 2020 at 09:21 PM
5 minute read
The Texas oil and gas industry faces a new threat from the COVID-19 pandemic: challenges to oil and gas drilling from opponents who claim that the virus exacerbates health effects allegedly linked to air emissions from oil and gas development. These claims come as the industry is suffering financial hardship due to record-low oil prices and reduced market demand for its products due to the pandemic. Industry opponents want to halt oil and gas activity in the state, arguing that new projects should not be approved and most, if not all, drilling activity should cease during the pandemic.
Oil and gas development in the state has long encountered vocal opponents, including environmental nongovernmental organizations (NGOs) and community groups, that often cite increased air pollution and corresponding respiratory health issues as reasons to "keep it in the ground." Those opposed to oil and gas drilling and other development projects are now using the COVID-19 pandemic to bolster these health-based challenges. For example, opponents of oil and gas drilling in the city of Arlington recently petitioned the city council to deny a special use permit for drilling within its boundaries based on claims that increased air pollution from oil and gas activities would worsen respiratory conditions caused by COVID-19. A majority of the city council voted on June 9 to deny the requested permit, although council members voting no declined to provide a reason for the denial. While pandemic-related health issues were raised as a concern during the public comment period and in the June 9 council meeting, it is not clear that the permit amendment was denied on that basis as opponents also cited other issues. Nonetheless, if the permit denial is challenged, the Arlington City Council may have an uphill legal battle in court.
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