September 15th Railroad Commission Open MeetingThe Workover Blog | Sep 10, 2026

Several other people delivered comments during the public input section of the agenda.

The Railroad Commission (RRC) permits, monitors, and enforces rules for all Texas oil and gas development. RRC decisions are critical to public health and climate emissions, yet the agency operates with little public accountability. For instance, the three elected Commissioners have deep financial ties to the industry they regulate, with two-thirds of their campaign contributions coming from oil and gas.

The RRC holds monthly open meetings. While challenging to follow, the open meetings are a valuable opportunity to get issues on the record and learn more about decisions that affect us and our communities.

The open meeting agenda for Tuesday, September 15th at 9:30 AM is available.

Below are our agenda highlights with some additional notes and context.

Hearings Division

Oil & Gas

Item 4. JEFFERSON COUNTY — Application of ExxonMobil Low Carbon Solutions Onshore Storage LLC for a Class VI Underground Injection Control Permit for Geologic Storage and Associated Injection of Anthropogenic Carbon Dioxide (CO2) for the Rose Carbon Capture and Storage Project.

• This permit was on the August 18, 2026 Open Meeting agenda. See Item 9 from our blog post for more information on issues of concern in the permit protest.
• At the August 18th Open Meeting, Commissioner Christian asked to postpone the vote on the permit to the next conference. The Cheek Texas Community Association (CTCA) issued a statement after the delay, expressing their concerns about the risks the facility poses to their water and safety.
• No new information has been posted to the case files as of September 8, 2026. CTCA, a formal party in the case, had previously requested to give oral argument before the commission, but never received a response from the hearings examiner.

Commissioners approved the examiners’ recommendation.

Item 5. ORANGE COUNTY — Enforcement Action Against Orangefield Operating Corporation for Violation of Statewide Rules requiring plugging of inactive wells.

• The Administrative Law Judge and Technical Examiner recommend the Commission find that Orangefield has violated inactive well plugging requirements, assess a penalty of $5,215, and order the well plugged and the lease placed into compliance with rules and applicable statutes.
• Orangefield failed to submit a passing mechanical integrity test on an inactive well by February 2026. A hearing was held in May. On August 6, 2026, Orangefield conducted a successful H-15 test, secured a valid plugging extension, and filed a motion to reopen the record for the case.
• The RRC issued an interim order that the well must be plugged, and Orangefield -in a letter signed by the company’s President- filed an appeal of the interim order and an emergency motion for stay on August 28, 2026 because the well is now compliant with the RRC’s plugging extension requirements. The company noted in its appeal that the administrative law judge’s (ALJ) position “violates every understanding of the fluid nature of regulation.” The company pointed out that commission rules of procedure grant the ALJ discretion to amend the proposal for decision (PFD), and that not amending the PFD is an “abuse of discretion.” The company then accused the ALJ of acting with “prejudice” towards Orangefield. The company stated “The current denial is entirely unlawful and can only be explained by the ALJ acting with absolute malice.”
• The RRC’s office of Legal Enforcement responded to the company’s appeal on Sep. 2, 2026 calling the company’s claims that the ALJ acted with malice “outlandish” and completely contrary to the record. Legal Enforcement requested the appeal be denied.
• A lawyer for Orangefield filed a Notice of Appearance in the docket on September 4, 2028, and the ALJ’s case summary for the Open Meeting was filed on September 8, 2026.

Approved.

Oil and Gas Consent Agenda

There are six flaring rule exception requests on the agenda. We are expecting the U.S. EPA to propose a draft rulemaking rolling back portions of the 2024 methane rule that require companies to eliminate routine flaring from oil wells. The rule was supposed to go into effect earlier this year, but the Texas Commission on Environmental Quality has not started or finished a State Implementation Plan for the rule. Commission Shift recently met with community members in high-flaring counties in the Eagle Ford shale suffering from respiratory conditions, including chronic obstructive pulmonary disease (COPD), due to living next to flares.

There are three motions for rehearing by operators over violations of inactive well rules, which could cost them their ability to operate in Texas. RRC is considering denying motions for rehearing for operators holding nine inactive wells flagged as out of compliance. These wells will likely be orphaned if no operators take over the wells within one year, and the state will have to pay to plug the wells.

In addition to these nine wells, these operators have an additional 16 other inactive wells and 164 active wells. When operators have many other valuable wells in their portfolio, they are more likely to want to address their problem wells and return to compliance.

Four reviews of good faith claims are also on the docket. These can be triggered by regulatory compliance issues or legal disputes over who has the right to operate a lease.

All items approved.

Rule 15 Inactive Well Items

Seventy-two companies appear to be out of compliance with Rule 15 inactive well requirements, with 923 inactive wells listed in court records. As of June 2026, the RRC had over 12,000 orphaned wells on the list, so this batch would greatly increase the number of orphans if operators do not bring their wells into compliance. Peba Oil & Gas, Incorporated (111 wells) and Bacon Energy (66 wells) had the highest inactive well counts in court records. The RRC can prevent them from operating in Texas until they comply, which could include plugging or removing surface equipment.

• These companies often have other wells in their portfolio beyond the ones in court records. They often have wells with marginal production that quickly join the inactive well list as companies wind down production. They may also have active wells in their portfolio that still have value.
• When you consider a company like Bacon Energy, which RRC records indicate has 35 active wells and 89 inactive wells currently, it’s hard to imagine any scenario where its active wells will produce in sufficient quantities to cover plugging costs.
• The operators may file a motion for rehearing to buy more time to come into compliance, or to sell off wells that still have value. But if they don’t come into compliance by the time the commissioners vote on their motion for rehearing, they may lose their ability to operate in Texas, and the wells will be orphaned.
• Companies can sell their wells that are still active, putting any final profits in the company’s pockets, and leaving taxpayers on the hook for millions in estimated cleanup costs.

The RRC may enforce plugging requirements on dry and inactive wells in eight default orders. Additionally, five agreed enforcement orders include agreement to take action on dry or inactive wells.

An exception was made for item 116, but all other items were approved.

Administrative Matters

Surprisingly, there are no rulemakings on the RRC’s agenda this meeting. That means that the agency will have to propose its rulemaking on SB 1150 — the inactive wells bill — in October, in order to finish the rulemaking by December 31, 2026, as required by the state legislature.

Public Input

The deadline to sign up to address the commission on an agenda item or during public input is noon Mon, September 14, 2026. (Note: They don’t have to call on you if you’re commenting on an agenda item).

People who want to speak on an item that is NOT on the agenda, must register to do so in the Public Input section. Note: you may not speak about an agenda item in the Public Input section.

The RRC updated the public participation policy at the last open meeting to include Public Input on the RRC Open Meeting agenda only if a commissioner requests it. Public Input is included on the September 15th Open Meeting agenda, and we are expecting the commissioners to hear Public Input from any member of the public who registers in advance.

RRC Open Meetings typically last less than half an hour.