QUESTION

Noise & order

Asked on Sep 24th, 2013 on Environmental Law - Texas
More details to this question:
Oil Company put a production well right next to my property line... The noise and the odor is bad. This is noise and odor is unacceptable. Since they started this well there has been issues.
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1 ANSWER

Environmental Law Attorney serving Dayton, OH
2 Awards
I am only licensed to practice law in Ohio but I do have experience negotiating leases for oil & gas properties in Ohio.  In that practice, I also understand the types of terms and conditions that are typically included in a permit to drill and O&G well.  Based on that experience, my thoughts on your situation are as follows. First of all, you need an attorney licensed in the state of Texas.  Your state has a long history of O&G drilling and I understand that O&G permitting requirements in Texas have traditionally been less stringent than some other parts of the country.   That being said, the permit probably has some restrictions meant to protect neighboring properties.  The question is whether those restrictions extend to any limitation on noise and odor. In many states, noise and odors are considered a public nuisance when they exceed certain thresholds.  The threshold levels for public nuisances are typically established at the local governmental level.  Typically, a municipality and/or urban township can be expected to have lower threshold limits than a rural township. If you are not ready to engage a Texas attorney to help you, I suggest that you contact your local health department to seek their guidance on lodging a nuisance complaint.  I hope this helps you weigh your options.  Good luck.  
Answered on Oct 07th, 2013 at 12:31 PM

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