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What to know about the Houston pipeline fire — how it started, pollution impact, and more

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Here are some things to know about the situation with the pipeline fire burning just outside of Houston. Photo via Getty Images

A pipeline fire that forced hundreds of people to flee their homes in the Houston suburbs burned for a third day Wednesday, with officials saying they don't expect it to be extinguished until sometime Thursday evening.

Officials said residents who had to evacuate would be allowed to return to their homes starting Wednesday evening.

Authorities have offered few details about what prompted the driver of an SUV to hit an aboveground valve on the pipeline on Monday, sparking the blaze.

Here are some things to know about the situation with the pipeline fire:

What caused the fire?

Officials say the underground pipeline, which runs under high-voltage power lines in a grassy corridor between a Walmart and a residential neighborhood in Deer Park, was damaged when the SUV driver left the store's parking lot, entered the wide grassy area and went through a fence surrounding the valve equipment.

Authorities have offered few details on what caused the vehicle to hit the pipeline valve, the identity of the driver or what happened to them. The pipeline company on Wednesday called it an accident. Deer Park officials said preliminary investigations by police and FBI agents found no evidence of a terrorist attack.

Deer Park police won't be able to reach the burned-out vehicle until the flame has been extinguished. Once the area is safe, the department will be able to continue its investigation and confirm specifics, city spokesperson Kaitlyn Bluejacket said in an email Wednesday.

The valve equipment appears to have been protected by a chain-link fence topped with barbed wire. The pipeline's operator has not responded to questions about any other safety protections that were in place.

Who is responsible for the pipeline?

Energy Transfer is the Dallas-based owner of the pipeline, a 20-inch-wide (50-centemeter-wide) conduit that runs for miles through the Houston area.

It carries natural gas liquids through the suburbs of Deer Park and La Porte, both of which are southeast of Houston. Energy Transfer said the fire had diminished overnight and was continuing to “safely burn itself out” on Wednesday.

Energy Transfer also built the Dakota Access Pipeline, which has been at the center of protests and legal battles. The company’s executive chairman, Kelcy Warren, has given millions of dollars in campaign contributions to Republican Texas Gov. Greg Abbott.

What's being done to extinguish the fire?

Energy Transfer said its crews were working Wednesday to install specialized isolation equipment on both sides of the damaged section that will help extinguish the fire.

Once the equipment is installed, which could take several hours of welding, the isolated section of the pipeline will be purged with nitrogen, which will extinguish the fire, company and local officials said. After that, damaged components can be repaired.

“The safest way to manage this process is to let the products burn off,” Energy Transfer said.

Late Wednesday afternoon, Deer Park officials said repair work on the pipeline to help speed up the process to put out the fire wasn't expected to be completed until 6 p.m. on Thursday. Once finished, the fire was anticipated to be extinguished within two to three hours.

How have residents been impacted?

Authorities evacuated nearly 1,000 homes at one point and ordered people in nearby schools to shelter in place. Officials said that starting at 6 p.m. on Wednesday, residents in Deer Park and La Porte who had to evacuate would be allowed to return to their homes. A portion of a highway near the pipeline would remain closed, officials said.

Hundreds of customers lost power. Officials said Wednesday afternoon that only two customers remained without electricity in the Deer Park and La Porte area. Repairs to all of the power distribution lines affected by the fire had been completed.

Deer Park's statement said Energy Transfer was “prioritizing the safety of the community and environment as it implements its emergency response plan.”

“We appreciate the patience and understanding of all residents during this ongoing situation,” Deer Park officials said.

By late Tuesday, about 400 evacuees remained, and some expressed frustration over being forced to quickly flee and not being given any timeline for when they will be able to return.

“We literally walked out with the clothes on our backs, the pets, and just left the neighborhood with no idea where we were going,” said Kristina Reff, who lives near the fire. “That was frustrating.”

What about pollution from the fire?

Energy Transfer and Harris County officials have said that air quality monitoring shows no immediate risk to individuals, despite the huge tower of billowing flame that shot hundreds of feet into the air, creating thick black smoke that hovered over the area.

Houston is the nation’s petrochemical heartland and is home to a cluster of refineries and plants and thousands of miles of pipelines. Explosions and fires are a familiar sight, and some have been deadly, raising recurring questions about industry efforts to protect the public and the environment.

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The blaze forced evacuations and shelter orders in the area, including at schools. Photo via Getty Images

Large pipeline explodes in Houston after a vehicle struck a valve, officials say

breaking news

A massive pipeline explosion that sent a towering flame over neighborhoods near Houston for hours on Monday began after a vehicle drove through a fence and struck an above-ground valve, officials said.

Deer Park officials said police and local FBI agents found no evidence of “terroristic activity" and said it appears to be an isolated incident. The ongoing investigation includes an effort to identify the driver. The blaze forced evacuations and shelter orders in the area, including at schools.

Operators shut off the flow of natural gas liquids in the pipeline, but so much remained in the miles of pipe that firefighters could do nothing but watch and hose down adjacent homes until it burned itself out. That could take hours, perhaps into Tuesday, Deer Park Mayor Jerry Mouton Jr. said.

“The fire, it’s very hot, so a lot of the house structures that are adjacent to that are still catching on fire even though we’re putting a lot of water on them,” Mouton said at an afternoon news conference.

Firefighters were dispatched at 9:55 a.m., after an explosion at a valve station in Deer Park and right next to La Porte rattled adjacent homes and businesses, including a Walmart. Deer Park officials said an SUV drove into the valve after going through a fence on the side of the Walmart parking lot.

Nearly 1,000 homes were in the evacuation area, said Lee Woodward, a spokesperson for La Porte.

At the news conference, officials said only one person, a firefighter, sustained a minor injury. Later, Deer Park spokesperson Kaitlyn Bluejacket said four people were injured. She didn’t provide details about the severity of the injuries.

Harris County Judge Lina Hidalgo said in a statement that 20 miles (32 kilometers) of pipeline between the two closed vales must burn off before the fire stops.

Anna Lewis, who was walking into the nearby Walmart when the explosion happened, said it sounded “like a bomb went off.” She said everyone inside was rushed to the back of the store and then taken across the street to a grocery store before being bussed to a community center.

“It scared me,” she said. “You really don’t know what to do when it’s happening.”

Geselle Melina Guerra said she and her boyfriend heard the explosion as they were having breakfast in their mobile home.

“All of a sudden we hear this loud bang and then I see something bright, like orange, coming from our back door that’s outside,” said Guerra, who lives within the evacuation area.

Guerra’s boyfriend, Jairo Sanchez, said they’re used to evacuations because they live close to other plants near the highway, but he hadn’t seen an explosion before in his 10 years living there.

“We just drove as far as we could because we didn’t know what was happening,” Sanchez said.

Houston, Texas’ largest city, is the nation’s petrochemical heartland and is home to a cluster of refineries and plants and thousands of miles of pipelines. Explosions and fires are a familiar sight in the area, including some that have been deadly, raising recurring questions about the adequacy of industry efforts to protect the public and the environment.

Letting the fire burn out is better, from an environmental perspective, than trying to attack the flames with some kind of suppressing foam or liquid, said Ramanan Krishnamoorti, a petroleum engineering professor at the University of Houston.

“Otherwise it’s going to release a lot of volatile organics into the environment,” he said.

Still, there will undoubtedly be negative environmental consequences, including a release of soot, carbons and organic material, he said.

The pipeline’s owner, Dallas-based Energy Transfer, said air monitoring equipment was being set up near the plume of fire and smoke, which could be seen from at least 10 miles (16 kilometers) away at one point.

A statement from Harris County Pollution Control on Monday afternoon said no volatile organic compounds had been detected. The statement said particulate matter from the smoke was moderate and not an immediate risk to healthy people, although “sensitive populations may want to take precautions.” The Texas Commission on Environmental Quality said it was also monitoring the air.

Natural gas liquids are used primarily in the manufacturing of plastics and basic and intermediate chemicals, Krishnamoorti said.

The fire burned through nearby power lines, and the website PowerOutage.us said several thousand customers were without power at one point in Harris County.

In addition to damage closest to the flame, the area’s extensive pipeline infrastructure will also have to be closely inspected and monitored for damage, Krishnamoorti said.

He said that “in the grand scheme of things,” the fire “won’t be a major disrupter of supply chains.”

The Railroad Commission of Texas, which regulates oil and gas in the state, said its safety inspectors were investigating. The agency said they were receiving information from other pipeline operators about what they were doing to ensure the safety of their systems.

Margaret Newman, who lives on the edge of the evacuation zone, said that when she heard the explosion she went out into her yard and could see the flame shooting above the trees. She lost electricity but has a generator that will keep one of the rooms in her home cool, so she planned to stay.

Newman said that in general, she’s not bothered by living so close to such industry. She said she thought the flame was getting smaller by Monday afternoon.

“I keep waiting for it to go out, poof!” she said. “I’m tired of this.”

In addition to its No. 22 overall ranking, Texas took first place in the "Vulnerability to Climate Change" category.

Texas named most vulnerable state to climate change in new report

lone star disappointment

The Lone Star State performed most averagely in a new report that ranked all 50 states on environmental protection.

Texas ranked No. 22 on the report from SmileHub, a nonprofit tech platform using data to evaluate charities. The report analyzed 23 metrics — from energy efficiency score and industrial toxins per square mile of land area to climate change vulnerability — factoring in data from U.S. Census Bureau, Internal Revenue Service, Department of Agriculture, and more.

"The U.S. produces over 292 million tons of waste per year, or over 4.9 pounds per person per day, according to the latest data from the Environmental Protection Agency," reads the report. "Additionally, due to pollution, California, Oregon, Michigan, Indiana and South Carolina each have over 12,000 miles of river unsuitable for human contact. Pollution and waste are issues across the U.S., but some states work harder than others to limit their impact."

In addition to its middle-of-the-pack No. 22 overall ranking, Texas took first place in the "Vulnerability to Climate Change" category. Here's how else the state measured up:

  • No. 18 – Environmental Protection Charities per Capita
  • No. 36 – Share of State Land Designated for Parks and Wildlife
  • No. 28 – Energy Efficiency Score
  • No. 28 – Share of Population Using Green Transportation
  • No. 33 – Total Tonnage of Landfill Waste per Capita
  • No. 28 – Industrial Toxins per Square Mile of Land Area

It's not the first time the state performed poorly on recent environmental reports. In April, WalletHub evaluated the current health of states' environment and residents’ environmental-friendliness. Texas ranked No. 38, meaning it was the thirteenth least green state, only scoring 50.40 points out of 100.

Additionally, Houston has stood out for the wrong reasons. In May, Houston was ranked as the No. 15 most polluted city in the U.S. according to data compiled by the National Public Utilities Council. No other Texas city appears in the ranking. Three California cities — Bakersfield, Visalia, and Fresno — took the top three spots.

Houston ranks as the 15th most polluted city in the U.S. No other Texas city appears in the ranking. Photo via Getty Images

Houston lands on the wrong end of national pollution report

big yikes

Houston just made a list that no one wants it to be on.

Data compiled by the National Public Utilities Council ranks Houston as the 15th most polluted city in the U.S. No other Texas city appears in the ranking. Three California cities — Bakersfield, Visalia, and Fresno — took the top three spots.

The ranking considers a city’s average volume of fine particulate matter in the air per year. Fine particulate matter (formally known as PM2.5) includes soot, soil dust, and sulphates.

The council based its ranking on the average annual concentration of PM2.5 as measured in micrograms per cubic meter of air, known as µg/m3. The ranking lists Houston’s average annual µg/m3 as 11.4. The World Health Organization (WHO) recommends a top µg/m3 of 5, while the American Lung Association sets 9 µg/m as an average annual guideline.

A report released in 2024 by Smart Survey found that the Houston area had just 38 days of good air quality the previous year.

“Most of Houston’s air pollution comes from industrial sources and diesel engines, although sources as diverse as school buses and meat cooking also contribute to … the problem,” the nonprofit Air Alliance Houston says.

The U.S. Environmental Protection Agency says PM2.5 poses “the greatest risk to health” of any particulate matter. Among other health issues, fine particulate matter contributes to cardiovascular disease, lung cancer, and chronic pulmonary disease.

Among the sources of PM2.5 are wildfires, wood-burning stoves, and coal-fired plants, according to the American Lung Association.

The WHO says air pollution causes 7 million deaths annually and may cost the global economy $18 trillion to 25 trillion by 2060. With 70 percent of the population expected to live in urban centers by mid-century, cities are at the forefront of efforts to reduce pollution, according to National Public Utilities Council.

Texas — along with 24 other states — has filed lawsuits against a recent set of soot pollution standards from the EPA. Photo via Pixabay/Pexels

Texas files lawsuit challenging new EPA rule on deadly soot pollution

all those opposed

A new Biden administration rule that sets tougher standards for deadly soot pollution faced a barrage of legal challenges Wednesday, as 25 Republican-led states — including Texas — and a host of business groups filed lawsuits seeking to block the rule in court.

Twenty-four states, led by attorneys general from Kentucky and West Virginia, filed a joint challenge stating that new Environmental Protection Agency rule would raise costs for manufacturers, utilities and families and could block new manufacturing plants and infrastructure such as roads and bridges. Texas filed a separate suit, as did business groups led by the U.S. Chamber of Commerce and National Association of Manufacturers.

“The EPA’s new rule has more to do with advancing President (Joe) Biden’s radical green agenda than protecting Kentuckians’ health or the environment, said Kentucky Attorney General Russell Coleman, who is leading the joint lawsuit along with West Virginia Attorney General Patrick Morrisey.

The EPA rule “will drive jobs and investment out of Kentucky and overseas, leaving employers and hardworking families to pay the price,” Coleman said.

The soot rule is one of several EPA dictates under attack from industry groups and Republican-led states. The Supreme Court heard arguments last month on a GOP challenge to the agency's “good neighbor rule,” which restricts smokestack emissions from power plants and other industrial sources that burden downwind areas.

Three energy-producing states — Ohio, Indiana and West Virginia — challenged the rule, along with the steel industry and other groups, calling it costly and ineffective. The rule is on hold in a dozen states because of the court challenges.

In opposing the soot rule, Republicans and industry groups say the United States already has some of the strictest air quality standards in the world — tougher than the European Union or major polluters such as China and India.

Tightening U.S. standards "wouldn't improve public health, but it would put as many as 30% of all U.S. counties out of compliance under federal law, leading to aggressive new permitting requirements that could effectively block new economic activity,'' Coleman said.

The EPA rule sets maximum levels of fine particle pollution — more commonly known as soot — at 9 micrograms per cubic meter of air, down from 12 micrograms established a decade ago under the Obama administration.

Environmental and public health groups hailed the rule as a major step to improve the health of Americans, including future generations. EPA scientists have estimated exposure at previous limits contributed to thousands of early deaths from heart disease and lung cancer, along with other health problems.

EPA Administrator Michael Regan said the new soot rule, finalized last month, would create $46 billion in net health benefits by 2032, including prevention of up to 800,000 asthma attacks and 4,500 premature deaths. The rule will especially benefit children, older adults and those with heart and lung conditions, Regan said, as well as people in low-income and minority communities adversely affected by decades of industrial pollution.

"We do not have to sacrifice people to have a prosperous and booming economy,″ Regan said.

Biden is seeking reelection, and some fellow Democrats have warned that a tough new soot standard could harm his chances in key industrial states such as Pennsylvania, Michigan and Wisconsin.

The EPA and White House officials brushed aside those concerns, saying the industry has developed technical improvements to meet previous soot standards and can adapt to meet the new ones. Soot pollution has declined by 42% since 2000, even as the U.S. gross domestic product has increased by 52%, Regan said.

The new rule does not impose pollution controls on specific industries. Instead, it lowers the annual standard for fine particulate matter for overall air quality. The EPA will use air sampling to identify counties and other areas that do not meet the new standard. States would then have 18 months to develop compliance plans for those areas. States that do not meet the new standard by 2032 could face penalties, although EPA said it expects that 99% of U.S. counties will be able to meet the revised annual standard by 2032.

Industry groups and Republican officials dispute that and say a lower soot limit could put hundreds of U.S. counties out of compliance.

The U.S. Chamber of Commerce warned the White House in January that 43% of total particulate emissions come from wildfires, and called the pollution standard "the wrong tool to address this problem.''

The EPA said it will work with states, counties and tribes to account for and respond to wildfires, an increasing source of soot pollution, especially in the West, where climate change has led to longer wildfire seasons, with more frequent and intense fires. The agency allows states and air agencies to request exemptions from air-quality standards due to “exceptional events," including wildfires and prescribed fires.

Besides Kentucky, West Virginia and Texas, other states challenging the EPA rule include: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah and Wyoming.

All three cases were filed before the U.S. Court of Appeals for the District of Columbia.

A University of Houston team looked into what areas in Houston had the highest impact on emissions and how certain meteorological factors play into ozone formation. Photo via UH.edu

UH team unlocks innovative approach to pinpoint pollution factors

zooming in on emissions

A team of researchers at the University of Houston are using machine learning to help guide pollution fighting strategies.

As reported in the journal Environmental Pollution last month, the team used the SHAP algorithm of machine learning (a game theory approach) and the Positive Matrix Factorization to pinpoint what areas in Houston had the highest impact on emissions and how certain meteorological factors play into ozone formation.

The paper was authored by Delaney Nelson, a doctoral student at the Department of Earth and Atmospheric Sciences of UH, and Yunsoo Choi, corresponding author and professor of atmospheric chemistry, AI deep learning, air quality modeling and satellite remote sensing.

The team's research closely tracked nitrogen-based compound and volatile organic compound measurements from Texas Commission on Environmental Quality's monitoring stations in the Houston area. After importing measurements from The Lynchburg Ferry station in Houston's ship channel and the urban Milby Park station, the machine learning and SHAP analysis showed a chemically definitive difference between the two areas.

For example, at the industrial station, the most impactful sources of pollution were from oil and gas flaring/production. At the urban site n_decane and industrial emissions/evaporation had the most impact on ozone.

According to Nelson and Choi, this shows that the machine learning and SHAP analysis approach can be used to tailor more precise air quality management strategies in different areas based on the site's unique characteristics.

“Once we know the specific emission sources and factors, we can develop targeted strategies to reduce emissions, which will in turn reduce ozone in the air and make it healthier for everyone," Choi said in a statement.

“Pollution is a critical issue in Houston, where you have extreme high heat and high concentration of ozone in the summers. The types of insights we got are very useful information for the local community to develop effective policies. That’s why we put our time, effort and technological expertise into this project," he continued.

Next the team envisions applying their approach in different cities and across the country.

“Austin, San Antonio and Dallas all have different characteristics, so I expect (volatile organic compound) sources will also be different,” Choi said. “Identifying VOC sources in different cities is very important because each city should have its own unique pollution fighting strategy.”

This summer, the City of Houston released an updated report on its major strategies to combat climate change and build a more resilient future for its residents.

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Fueling the future: Houston expert on how to build a workforce to meet America’s growing energy demands

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U.S. energy consumption is projected to rise nearly 20 percent over the next decade — driven by advancements like AI, increasing electrification, and the growing demand for electric vehicles. While attention often centers on the technologies that generate power, the driver behind this transformation is the skilled workforce, which comprises men and women dedicated to enabling the nation's growth. Ensuring a steady supply of qualified workers is imperative for meeting the energy demands of the coming decade.

Developing this talent pipeline starts with a commitment to education. As the energy landscape evolves rapidly, educators play a crucial role in equipping the next generation with the skills to embrace new technologies and adapt to changing industry demands. This commitment to education is central to the Energy Education Foundation's (EEF) mission. It's also a cornerstone of EEF partner and board member, Coterra Energy's, efforts to be recognized as a leader in energy education.

At a recent Energy Education Exchange, hosted by Coterra and EEF, in collaboration with industry partners such as the American Petroleum Institute (API) and the Consumer Energy Alliance, over 50 educators and industry leaders gathered in Houston to address this need.

During the three-day event, educators, administrators, and industry professionals were immersed in the many facets of the oil and gas industry, learning best practices for incorporating energy education into their programs.

Educators experienced an in-depth tour of the San Jacinto College Center for Petrochemical, Energy, and Technology. As the largest petrochemical training facility in the Gulf Coast region, the center offered a unique look at industry-standard equipment, including a multifunctional glass pilot plant lab, a glycol distillation unit, and 35 specialized training labs. Participants engaged in demonstrations led by faculty and students, exploring circuits, on-campus refineries, and advanced machinery — essential experiences that bring classroom lessons to life.

The event also highlighted efforts at the high school level, exemplified by a presentation and tour at Energy Institute High School in Houston's historic Third Ward. The Institute showcased how project-based learning, robotics, and hands-on fabrication labs are shaping students' skills for the energy sector. The high school's mission aligns perfectly with EEF’s goals: sparking interest in energy among younger students, developing their skills, and paving a pathway toward lifelong careers in the industry.

API's "Lights On" reception concluded the first day, promoting networking among educators and industry professionals. By facilitating these connections, we are ensuring that educators learn about energy careers and establish ongoing relationships that can translate into opportunities for their students.

Keynotes throughout the exchange included Peter Beard, Senior Vice President of the Greater Houston Partnership, and Chris Menefee, President of Unit Drilling Company, who further emphasized the critical need for workforce development. Beard noted, "As our economy grows, we must ensure we have the electrons and the workforce to support that growth." He stressed that aligning skills with job requirements is more than just matching credentials; it's about upskilling and offering real career mobility.

Menefee echoed this sentiment, acknowledging the pressures on educators to prepare students for an ever-changing job market. He underscored his company's commitment to "quality over quantity" in hiring, prioritizing well-trained individuals, and emphasizing the value of strong foundational skills, which begin in the classroom, especially career and technology classrooms.

The Energy Day Festival in Houston provided an additional opportunity for educators and administrators to engage directly with the industry. Thousands attended, visiting booths set up by companies, trade groups, and educational institutions. EEF's own Mobile Energy Learning Units offered interactive exhibits designed to teach students of all ages about energy and career opportunities. The Units appearance at Energy Day was made possible by the American Petroleum Institute.

Looking forward, the U.S. must expand opportunities for the next generation of energy workers and provide educators with the necessary resources. The Energy Education Exchange is a significant step forward, but one initiative alone cannot shape an entire workforce. All stakeholders involved must invest in tools, training, and programs that empower educators and provide opportunities for students. As Domestic Policy Advisor Neera Tanden recently stated, "Apprenticeships are essential for advancing the economy and building critical skills."

It's time for a broader approach to ensure that the U.S. meets energy demands and leads the world in innovation and education. At the Energy Education Foundation, we are proud to be at the forefront of this mission, working alongside Coterra and other partners. By empowering educators, we empower the next generation—one that will fuel our nation's future. Together, we can build a workforce ready for the challenges ahead.

———

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

Houston to host cleantech collaboration with delegation from Belgium

this week

A delegation of nine startups from Antwerp, Belgium, along with industry experts will visit Houston from December 2 through December 6, which will include The Greater Houston Partnership, Greentown Labs, The Ion, and The Cannon.

The delegation will represent cleantech, sustainable chemistry, and energy tech sectors to engage with Houston’s energy transition ecosystem and identify collaboration and investment opportunities.

Houston-based energy tech-oriented companies will be invited to the pitching event for Antwerp and Houston Cleantech Entrepreneurs from 2 to 5 pm on December 3 at The Ion. Interested entrepreneurs can register at this link.

Antwerp and Houston are considered two of the world's largest petrochemical hubs, and also part of the leading innovators in the cleantech, sustainable chemistry, and energy tech sectors. The event will be organized by the Port of Antwerp-Bruges, BlueChem (an Antwerp-based sustainable chemistry incubator), the city of Antwerp, and Flanders Investment and Trade.

“Antwerp and Houston are known for their ports and petrochemical industries, but fewer people realize the remarkable cleantech, sustainable chemistry, and energytech ecosystems that have emerged around these hubs,” Nathalie Mathys, head of office at FIT Houston, says in a news release.

The Port of Antwerp-Bruges is known for innovating new technologies, which includes 5G, digital twins, artificial intelligence, drones, and advanced sensors. Antwerp has over 350 startups and nine incubators and accelerators.

“This delegation visit highlights the potential for collaboration between two of the most dynamic regions in these fields, paving the way for a cleaner, more sustainable future,” adds Mathys.

New Mexico court upholds emissions crackdown impacting oil, gas operations along Texas border

eyes on the west

The New Mexico Court of Appeals has upheld regulations aimed at cracking down on emissions in one of the nation’s top-producing oil and gas states.

The case centered on a rule adopted in 2022 by state regulators that called for curbing the pollutants that chemically react in the presence of sunlight to create ground-level ozone, commonly known as smog. High ozone levels can cause respiratory problems, including asthma and chronic bronchitis.

Democratic Gov. Michelle Lujan Grisham's administration has long argued that the adoption of the ozone precursor rule along with regulations to limit methane emissions from the industry were necessary to combat climate change and meet federal clean air standards.

New Mexico Environment Secretary James Kenney said the court's decision on Wednesday affirmed that the rule was properly developed and there was substantial evidence to back up its approval by regulators.

“These rules aren’t going anywhere,” Kenney said in a statement to The New Mexican, suggesting that the industry stop spending resources on legal challenges and start working to comply with New Mexico's requirements.

The Independent Petroleum Association of New Mexico had argued in its appeal that the rule disproportionately affected independent operators.

“The administration needs to stop its ‘death by a thousand cuts’ hostility to the smaller, family-owned, New Mexico-based operators,” the group's executive director, Jim Winchester, said in an email to the newspaper.

The group is considering its legal options.

Under the rule, oil and gas operators must monitor emissions for smog-causing pollutants — nitrogen oxides and volatile organic compounds — and regularly check for and fix leaks.

The rule applies to eight counties — Chaves, Doña Ana, Eddy, Lea, Rio Arriba, Sandoval, San Juan and Valencia — where ozone pollutants have reached at least 95% of the federal ambient air quality standard. Some of those counties include production hot spots within the San Juan Basin in northwestern New Mexico and the Permian Basin, which straddles the New Mexico-Texas line.

The industry group had argued that Chaves and Rio Arriba counties shouldn’t be included. The court disagreed, saying those counties are located within broader geographic regions that did hit that 95% threshold.

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