Texas says it’s strict on oil field emissions. New data shows it’s not.

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Hakim Dermish moved to the small South Texas town of Catarina in 2002 in search of a rural lifestyle on a budget. The property where he lived with his wife didn’t have electricity or sewer lines at first, but that didn’t bother him.

“Even if we lived in a cardboard box, no one could kick us out,” Dermish said.

Back then, Catarina was a sleepy place. A decade later, oil and gas drilling picked up, and he welcomed the financial opportunities it brought. Dermish launched businesses to support the industry, offering everything from guards for drill sites to housing for oil field workers.

The growth also brought flares — flames burning off excess natural gas — that blazed day and night at wells in the surrounding countryside. Initially enamored of the industry’s potential, Dermish now worried that its pollution endangered the health of the town’s 75 residents. He began lodging complaints with the state in 2023, asking it to push companies to control emissions.

Inspectors with the Texas Commission on Environmental Quality investigated, finding only a handful of violations, some of which the companies addressed. But that did little to allay the concerns of Dermish and his neighbors, who continued to see flares light up the sky and to smell gas wafting over the community.

“Starting first thing in the morning, talk about the stench. Then you call the state and nothing happens,” Dermish said. “They do absolutely nothing.”

His neighbor Lupe Campos, who worked in the oil fields for more than three decades, lives three blocks from a flare. Toxic hydrogen sulfide escapes from nearby wells, giving the air the smell of “burnt rotten eggs,” Campos said. “It’s hard to bear.”

While working to expand the nation’s oil and gas production, President Donald Trump’s administration has maintained that drilling in the U.S. is cleaner than in other countries due to tighter environmental oversight. To mark Earth Day, for example, the White House boasted in a statement that increased natural gas exports meant the U.S. would be “sharing cleaner energy with allies” and “reducing global emissions.”

But Texas, the heart of America’s oil and gas industry, tells a different story.

Texas regulators tout their efforts to curtail oil field emissions by requiring drillers to obtain permits to release or burn gas from their wells.

Yet a first-of-its-kind analysis of permit applications to the Railroad Commission of Texas, the state’s main oil and gas regulator, reveals a rubber-stamp system that allows drillers to emit vast amounts of natural gas into the atmosphere. Over 40 months — from May 2021 to September 2024 — oil companies applied for more than 12,000 flaring and venting permits, while the Railroad Commission rejected just 53 of them, a 99.6% approval rate, according to the data.

Natural gas is composed mostly of climate-warming methane but also contains other gases such as hydrogen sulfide, which is deadly at high concentrations. Gas escapes as wells are drilled and before infrastructure is in place to capture it. It also can be intentionally released if pressure in the system poses a safety risk or if capturing and transporting it to be sold is not profitable. Typically, drillers burn the gas they don’t capture, converting the methane to carbon dioxide, a less potent greenhouse gas, in a process called flaring. Sometimes, they release the gas without burning it, in a process called venting.

The permit applications showed oil companies requested to flare or vent more than 195 billion cubic feet of natural gas per year, enough to power more than 3 million homes and generate millions of dollars of tax revenue had the gas been captured. Those emissions would have a climate-warming impact roughly equivalent to 27 gas-fired power plants operating year-round, even if the flares burned every molecule of methane released from the wells.

“It’s a gargantuan amount of emissions,” said Jack McDonald, senior analyst of energy policy and science for the environmental group Oilfield Witness. “Because so much of this gas is methane and so much of it is either incompletely combusted or not combusted at all through the venting process, we see a huge climate impact.”

Oilfield Witness gathered and studied the Railroad Commission data on exemptions to the state’s flaring rules and shared it with ProPublica and Inside Climate News. The news organizations verified the data, including by soliciting input from professors at universities in Texas.

Railroad Commission spokesperson R.J. DeSilva said in a statement that Texas has made “significant progress” in addressing methane emissions. Companies must provide evidence that flaring is necessary, and, when approving permits, the agency follows all applicable rules, he said. “If an application lacks sufficient justification, it is returned with comments for clarification.”

“I am proud of the progress that has been made to reduce the waste of our natural resources,” Jim Wright, chair of the Railroad Commission, said in a statement, adding that “there is always room for further improvement.”

The analysis likely overstates emissions, since the near-guarantee that regulators will approve a permit gives companies an incentive to request authorization for amounts larger than they intend to emit to ensure they’re in compliance. For example, operators in four Texas counties flared about 70% of the volume of gas that their permits allowed, according to a recent effort to compare the state’s flaring data to information collected via satellite. And the Railroad Commission sometimes approves flaring smaller volumes than requested, which is not captured in the data.

“The Texas oil and natural gas industry is committed to ongoing progress in reducing flaring and methane emissions while continuing to meet the ever-growing demand for reliable oil and natural gas across the globe,” Todd Staples, president of the Texas Oil and Gas Association, a trade group, told ProPublica and Inside Climate News in a statement.

Residents of communities surrounded by flares and leaking wells, like Catarina, want the state and the industry to do more to control oil field emissions. The Railroad Commission approved eight flares within 5 miles of the town during the study period and 280 across surrounding Dimmit County, according to agency data.

The danger posed by the gas became impossible to ignore on March 27, as a 30-inch steel pipeline a half-mile from Catarina failed. The rupture blasted more than 23 million cubic feet of gas into the air, as much as is used in 365 homes in a year, according to data the company that owns the pipeline, Energy Transfer, reported to the Railroad Commission.

Dermish recorded the chaos with his cellphone. “The house is shaking,” he says in the video as the escaping gas roars, its concussions jostling the camera.

Fearing for their safety, he and his wife evacuated, heading to a neighboring town for the day. After they returned home that evening, he called the sheriff to ask what had happened. During the conversation, Dermish could feel the gas causing him to slur his words. The next morning, Dermish noticed new gas flares, presumably lit to release pressure in the pipeline network by burning excess gas. A cellphone video he recorded shows a towering column of flame, taller than a nearby telephone pole, billowing and rippling.

“Have you ever seen ‘Lord of the Rings’? Do you remember the Fire of Mordor?” Dermish said in an interview. “That’s what we have here.”

An incident report submitted to the state by Energy Transfer attributed the pipeline failure to a technician’s errors. Without objection from the Railroad Commission, the pipeline was repaired and back in service three days later. The agency did not assess Energy Transfer with a violation or a fine.

Energy Transfer did not respond to a request for comment.

After more than two decades in Catarina, Dermish and his wife are planning to move away. “It’s just too dangerous,” he said.

Is American oil and gas cleaner?

While the Trump administration characterizes American oil and gas as cleaner than fossil fuels from other countries, it has rolled back rules regulating methane.

The Environmental Protection Agency has, under Trump, delayed implementing previously finalized rules that would’ve mandated that the industry monitor for methane leaks and address them. He and Republicans in Congress also repealed the country’s first-ever tax on methane. And in June, Trump revoked a Biden administration guidance document laying out how companies should comply with a law aimed at reducing methane leaks from pipelines.

The White House did not respond to a request for comment.

As the nation’s highest-producing oil and gas state, Texas is a key barometer of the U.S. regulatory environment and whether it has created a cleaner fossil fuel industry.

The Permian Basin — the country’s largest oil field, which straddles the Texas-New Mexico border — was estimated by a 2024 study to emit the second-most methane of any oil field in the world.

The industry disputes that finding, pointing to a June report from S&P Global Commodity Insights that found that the rate of methane emissions in the Permian Basin dropped 29% between 2023 and 2024. “Methane emissions management” is increasingly a part of the industry’s operations, Raoul LeBlanc, a vice president at S&P, said in a statement announcing the findings. However, S&P’s report acknowledged that satellite data showed a much more modest reduction of 4%, contradicting the company’s own data, which was collected by airplane.

“We can say confidently that there is no evidence that methane emissions from the Permian Basin are low,” said Steven Hamburg, who studies methane as the Environmental Defense Fund’s chief scientist.

Texas’ attempt to rein in flaring

In Texas, State Rule 32 prohibits flaring and venting gas at wells, except under a few specific conditions: while the well is being drilled, during the first 10 days after the well is completed and when necessary to ensure safety. Otherwise, drillers must seek an exception.

The Railroad Commission changed the application process for these exemptions in 2020 and issued new guidance in 2021. Operators would have to explain why they could not suspend drilling to avoid flaring and indicate that they had investigated all options for using the gas before flaring.

Oilfield Witness gathered all exemption requests since 2021, which showed the agency repeatedly approving permits that failed to comply with its guidelines. In many cases, oil companies asked to flare indefinitely or didn’t justify why they needed to flare, leaving blank the section of the application asking why the exemption was needed.

Capturing the gas requires an expensive system of pipelines, compressors and other infrastructure that can cost more than the gas is worth. In their permit applications, companies cite this reality, often listing financial considerations as the reason for seeking exemptions, Oilfield Witness found. These were nearly always approved, even though the agency wrote that finances were an insufficient explanation in a presentation on the permitting process.

“The Railroad Commission seems very interested in devolving decision-making processes to the companies themselves,” McDonald said.

The data also showed that nearly 90% of the approved permit applications were backdated, retroactively giving permission for flares that were already burning. Oil companies typically asked the Railroad Commission for permission to flare 10 days after they had already burned the gas.

A spokesperson said that when the commission revamped its guidelines in 2020, it allowed a longer period in which companies could file for a permit after they’d already started to flare. Even so, nearly 900 of the permits were applied for after the updated filing window and still accepted by the agency.

The Railroad Commission also approved more than 7,000 flares within areas where the gas reservoir being drilled was known to be high in hydrogen sulfide, increasing the likelihood that the toxic gas could escape into the air. Of those flares, 600 were within a mile of a residence, the agency’s data showed.

Minimizing flaring permits is “not a priority in any sense” for the Railroad Commission, said Gunnar Schade, an associate professor of atmospheric sciences at Texas A&M University. “The priority is oil produced, and that means revenue for the state. Oil and gas is a priority, so who cares about the flaring?”

Overstating the progress

The Railroad Commission and the state’s oil industry trumpet their work to reduce flaring. The agency points to state data showing flaring rates dropping dramatically, specifically since 2019. And the Texas Oil and Gas Association announced in early August that drillers in the Permian Basin “slashed methane emission intensity by more than half in just two years.”

But such claims are misleading, according to experts such as David DiCarlo, an associate professor in the University of Texas at Austin’s petroleum engineering school. Using 2019 as a starting point leaves a false impression that there’s been a sharp decline, he said, as methane emissions that year were staggeringly high due to booming production and inadequate pipeline capacity to gather the gas.

DeSilva, the Railroad Commission’s spokesperson, defended using 2019 as the baseline because “about five years ago we began taking proactive steps to reduce flaring in Texas.”

Taking a longer view shows that a median of 2.2% of gas at Texas oil wells was flared or vented over the past decade, according to a ProPublica and Inside Climate News review of state data. (Flaring at gas wells is rare because those sites have the necessary pipeline infrastructure in place to collect the gas.) That figure hovered just north of 2% in the most recently available data, representing a much smaller drop than the state and industry claim. The industry still hasn’t built sufficient pipeline networks to capture gas at oil wells, so, as production rises, so does flaring and venting.

“They can’t get it below 2% because they keep drilling,” DiCarlo said. Since emissions are highest when a well is being drilled, overall emissions will remain high as long as the industry is drilling new wells. “That’s just the nature of the beast.”

Among the largest beneficiaries of the state’s lax permitting system was an oil company called Endeavor Energy Resources. More than half the approved permanent flaring exemptions went to Endeavor, which merged with the $40 billion Diamondback Energy in September 2024. Endeavor also applied for the longest flaring permit — 6,300 days, or more than 17 years. The Railroad Commission approved the permit without shortening its duration.

Diamondback Energy did not respond to a request for comment.

The industry has simultaneously claimed that it is addressing methane while bristling at oversight.

Steven Pruett is the president and CEO of Elevation Resources, a Permian Basin oil company, and the immediate past chair of the Independent Petroleum Association of America, one of the industry’s main trade groups. His company saw a 2,408% increase in flaring immediately following new wells being drilled and a 692% increase in flaring overall in 2023, according to emails unearthed by environmental watchdog organization Fieldnotes and shared with ProPublica and Inside Climate News. In the email exchange with University of Texas faculty who were preparing a grant application for a federal methane-reduction program, Pruett blamed the increases on inadequate infrastructure to capture the gas.

Just weeks later, Pruett participated in a tour of the oil field alongside EPA staff, where he echoed the claim that the American oil and gas industry is cleaner than others and that drilling companies were complying with efforts to reduce emissions.

During his term at the helm of the national trade group, it spearheaded multiple lawsuits against the EPA over the government’s methane rules.

Pruett did not respond to a request for comment.

“A constant roar”

Those opposed to flaring face long odds in halting the practice, even in rare instances when the Railroad Commission hears objections.

Consider the experience of Tom Pohlman, then sheriff of Fisher County, who has had a flare burning next to his home in the Texas Panhandle since October 2023. The driller responsible for it, Patton Exploration, solicited companies to extend a pipeline to the oil well to capture the gas and evaluated whether the gas could be used to mine bitcoin. But by July 2024, it still had no deal, so the company sought another permit to continue flaring up to 1 million cubic feet of gas per day for 18 months. “Patton is diligently pursuing every avenue possible to find a solution, but still needs more time,” the company wrote in its application.

When Pohlman learned that Patton Exploration had applied for a new permit, he and his neighbors urged the Railroad Commission to deny it.

“The sound that comes from the flame is a constant roar that we can hear throughout our property both day and night,” the neighbors wrote in their objection. “There is no peace and quiet since the day of its ignition.”

In September 2024, Pohlman became one of the few people to officially challenge a flaring permit in Texas, as he and Patton Exploration representatives went head-to-head in a hearing before a Railroad Commission administrative law judge.

“For approximately 20 of my residents in this area, it completely lights up their yard and everything else,” Pohlman said, telling the judge that the flare was 45 feet high. “I just need liveability for this neighborhood. We’ve had nothing but issues here.”

Patton Exploration’s lawyer, David Gross, acknowledged the neighbors’ frustrations but emphasized the importance of keeping the well pumping.

“You can’t produce the oil without producing the gas,” he told the judge. “It’s the public policy of Texas that the recoverable oil and gas in the state’s reservoirs be recovered because it is in the public interest.”

In January, the three elected members of the Railroad Commission voted unanimously to approve the permit and allow flaring for another 12 months.

Disclosure: Energy Transfer, Environmental Defense Fund, Texas A&M University, Texas Oil & Gas Association and University of Texas at Austin have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.

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