2 legal questions have been posted about environmental law by real users in Texas. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include environmental cleanup, environmental permitting, and wetlands. All topics and other states can be accessed in the dropdowns below.
Texas Environmental Questions & Legal Answers
Do you have any Texas Environmental questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 2 previously answered Texas Environmental questions.
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.
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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,... Read More