NMOGA's Motion to Stay Our Appeal of the OCC's Arbitrary and Capricious Limitation of the PFAS Prohibition in Oil and Gas Downhole Operations Failed. The Case Proceeds on the Merits.

An application filed by Wild Earth Guardians and supported by New Energy Economy in 2023 sought to prohibit the use of PFAS compounds in all downhole oil and gas operations and require community notification of chemical disclosures. The final rule adopted by the OCC, however, improperly worded the prohibition on PFAS to apply only to well completion and recompletions, leaving out operations like oil and gas well drilling, treatment and maintenance, and enhanced oil recovery, a significant change to the rule that was not contemplated during the hearing.

You may remember that in December we filed a Joint Brief at the New Mexico Appellate Court with Wild Earth Guardians after the Oil Conservation Commission ignored a Motion for Clarification and a Motion for Rehearing earlier this year. Our brief argued that the Commission's decision to limit the PFAS prohibition rule  to well completions and recompletions was arbitrary and capricious because it was not based on any evidence or arguments made during the hearing. The Commission's improper decision means that the prohibition on PFAS applies to only a fraction of oil and gas activities. 

NMOGA objected to our appeal on procedural grounds, but yesterday the Court of Appeals determined that the court will NOT decide the motion to dismiss before proceeding with the merits of the appeal, and requires NMOGA to respond to our appeal without delay. Onward.