stuck with the bill

Houston company to pay millions to remedy pollution concerns in Permian Basin

Apache Corp. will pay $4 million in penalties and spend more than $5 million on preventative measures to reduce emissions at its wells in the Permian Basin. Photo via Getty Images

A Houston company has reached a multimillion-dollar settlement with the federal government and the state of New Mexico to address air pollution concerns in the largest oil and gas producing region in the United States.

The agreement announced Tuesday with Apache Corp. calls for the company to pay $4 million in penalties and spend more than $5 million on preventative measures to reduce emissions at its wells in the Permian Basin, which spans parts of New Mexico and Texas.

Apache was accused in a civil lawsuit of failing to comply with federal and state requirements to capture and control emissions at some of its operations in the two states. Federal officials and regulators in New Mexico identified the alleged violations through field investigations and flyovers by helicopters outfitted with infrared cameras that can detect hydrocarbon vapors that are invisible to the naked eye.

Efforts by regulators to crack down on oil companies have ramped up in recent years through a combination of on-the-ground inspections, flyovers and now satellite imagery as they look for Clean Air Act violations across the Permian Basin and in other oil producing regions.

New Mexico Environment Secretary James Kenney said he's concerned about the compliance rate for companies operating in New Mexico, describing it as terrible.

“The ozone levels are rising, and you know, I think this is that moment where we have to hold up the mirror to industry and say, 'If you don’t like what you see, it’s a reflection of your own effort,” he said during an phone interview.

The civil complaint targeting Apache comes nearly a year after federal and state officials announced a similar agreement with another producer in the Permian Basin over violations. In 2022, an investigation by The Associated Press showed 533 oil and gas facilities in the region were emitting excessive amounts of methane.

Surveillance done by state and federal regulators in 2019, 2020 and 2022 turned up alleged violations at nearly two dozen of Apache’s sites.

The company said in an email that the consent decree announced Tuesday resolves alleged violations from years ago and that the company acted swiftly to remedy the issues. Changes have included modifications to allow for more measurement, monitoring and capture of emissions and increased site inspections and expedited maintenance timelines.

“Moving forward, the consent decree represents our commitment to continuous improvement across our facilities in the Permian Basin," the company said. "We also continue to collaborate with industry partners through organizations such as the Environmental Partnership and the U.N.’s Oil and Gas Methane Partnership in striving toward a more sustainable future.”

The agreement covers 422 of Apache's oil and gas well pads in New Mexico and Texas, ensuring that they will comply with state and federal clean air regulations and that past illegal emissions will be offset.

State and federal officials estimate that compliance will result in annual reductions of 900 tons of methane and more than 9,650 tons of volatile organic compounds, which contribute to smog.

In all, state officials said the recent consent decrees with energy companies cover about 15% of oil and gas production in New Mexico and about 9% of the wells.

While many operators in the Permian are complying with existing regulations, Kenney warned those that are skirting the rules will spur even greater federal and state enforcement over the entire industry if ozone levels continue to rise.

“Simply stated, the message is ‘Do better,’" Kenney said.

Apache's plan calls for making design improvements and installing new tank pressure monitoring systems that will provide advance notice of potential emissions and allow for an immediate response. Regular reports also will be submitted to the state.

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A View From HETI

Texas has the largest installed wind capacity in the United States. Photo by Sam LaRussa on Unsplash

When most people think about Texas, wind turbines and solar panels may not be the first images that come to mind. But in reality, the state now leads the nation in both wind-powered electricity generation and utility-scale solar capacity. In 2024 alone, Texas added approximately 9,700 megawatts of solar and 4,374 megawatts of battery storage, outpacing all other energy sources in new generation capacity that year. So what’s driving Texas’ rapid rise as the renewable energy capital of the United States?

Leader in wind energy

Texas has been a national leader in wind energy for more than a decade, thanks to its vast open landscapes and consistent wind conditions, particularly in regions like West Texas and the Panhandle. These ideal geographic features have enabled the development of massive wind farms, giving Texas the largest installed wind capacity in the United States. Wind energy also plays a strategic role in balancing the grid and complements solar energy well, as it often peaks at night when solar output drops.

Battery storage growth

Increasing battery storage capacity is unlocking more potential from solar and wind. When intermittent energy sources like wind and solar go offline, batteries release stored electricity and provide stability to the Electric Reliability Council of Texas system. Excluding California, Texas has more battery storage than the rest of the United States combined, accounting for over 32% of all the capacity installed nationwide.

Solar electricity generation and utility-scale batteries within ERCOT power grid set records in summer 2024. Between June 1 and August 31, solar contributed nearly 25% of total power demand during mid-day hours. In the evening, as demand stayed high but solar output declined, battery discharges successfully filled the gap. Battery storage solutions are now a core element of ERCOT’s future capacity and demand planning.

Interest in creating a hydrogen economy

Texas is well positioned to become a national hub in the hydrogen economy. The state has everything needed to lead in this emerging space with low-cost natural gas, abundant and growing low carbon electricity, geology well suited for hydrogen and carbon storage, mature hydrogen demand centers, existing hydrogen pipelines, established port infrastructure and more. The state already has an existing hydrogen market with two-thirds of the country’s hydrogen transport infrastructure.

In 2023, the Texas Legislature created the Texas Hydrogen Production Policy Council, which found that:

  • Hydrogen could represent a grid-scale energy storage solution that can help support the increased development of renewable electricity from wind and solar. Renewable electricity that is converted to hydrogen can improve overall grid reliability, resilience and dispatchability.
  • The development of the hydrogen industry, along with its supporting infrastructure and its downstream markets within Texas, could attract billions of dollars of investment. This development may create hundreds of thousands of jobs - especially with younger generations who are passionate about climate science - and greatly boost the Texas economy.
  • Hydrogen supports the current energy economy in Texas as a critical component to both conventional refining and the growing production of new biofuels (such as renewable diesel and sustainable aviation fuel) within the state.

Legislative action and pressure to reduce carbon emissions

Texas has also seen key legislative actions and policies that have supported the growth of renewable energy in Texas. During the most recent legislative session, lawmakers decided that The Texas Energy Fund, a low-interest loan program aimed at encouraging companies to build more power infrastructure, will receive an additional $5 billion on top of the $5 billion lawmakers approved in 2023. Of that amount, $1.8 billion is earmarked to strengthen existing backup generators, which must be powered by a combination of solar, battery storage and natural gas. These funds signal growing institutional support for a diversified and more resilient energy grid.

Furthermore, there is growing pressure from investors, regulators and consumers to reduce carbon emissions, and as a result, private equity firms in the oil and gas sector are diversifying their portfolios to include wind, solar, battery storage and carbon capture projects. In 2022, private equity investment in renewable energy and clean technology surged to a record-high $26 billion.

The future of the renewable energy workforce

With renewable energy jobs projected to grow to 38 million globally by 2030, the sector is poised to be one of the most promising career landscapes of the future. Given that young people today are increasingly environmentally conscious, there is a powerful opportunity to engage students early and help them see how their values align with meaningful, purpose-driven careers in clean energy. Organizations like the Energy Education Foundation play a vital role in this effort by providing accessible, high-quality resources that bridge the gap between energy literacy and real-world impact. The nonprofit employs comprehensive, science-based educational initiatives to help students and educators explore complex energy topics through clear explanations and engaging learning tools, laying a strong foundation for informed, future-ready learners.

STEM and AI education, which are reshaping how young people think, build, and solve problems, provide a natural gateway into the renewable energy field. From robotics and coding to climate modeling and sustainable engineering, these learning experiences equip students with the critical skills and mindsets needed to thrive in a rapidly evolving energy economy. By investing in engaging, future-focused learning environments now and through leveraging trusted educational partners, like the Energy Education Foundation, we can help ensure that the next generation of learners are not just prepared to enter the clean energy workforce but are empowered to lead it.

With its rapidly growing wind, solar, battery and hydrogen sectors, Texas is redefining its energy identity. To sustain this momentum, the state must continue aligning education, policy, and innovation—not only to meet the energy demands of tomorrow, but to inspire and equip the next generation to lead the way toward a more sustainable, resilient and inclusive energy future.

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Kristen Barley is the executive director of the Energy Education Foundation, a nonprofit dedicated to inspiring the next generation of energy leaders by providing comprehensive, engaging education that spans the entire energy spectrum.


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