Gas Flaring

The regulation of gas flaring in Texas has followed several steps over the years. In 1899, Texas passed the Conservation Act, barring the flaring of gas from wells classified strictly as gas wells. In 1917, the public amended the Texas Constitution (Article XVI, Section 59a), making the conservation of natural resources a “public right and duty”, forming the foundation of Railroad Commission conservation rules, such as Rule 32, requiring that all gas be “utilized for legal purposes”, for instance, being sold, reinjected, or used for power on-site. In 1935, the Legislature passed HB 266, giving the RRC more authority to prevent “underground waste”. In 1947, under the leadership of William J. Murray, Jr., a petroleum engineer and RRC Commissioner, the RRC ordered the shutdown of 615 oil wells in the Seeligson field until the operators could prove they were not wasting gas, an order ultimately upheld by the Texas Supreme Court.