Nebraska state leaders indicate they will not challenge a judge’s decision against allowing a Colorado company from using a well in the Nebraska Panhandle to dispose of fracking wastewater from other states’ wells.
The judge had ruled last month the Nebraska Oil and Gas Conservation Commission exceeded its authority in granting the request by Terex Energy Corp. of Broomfield, Colorado. The initial approval came in April of 2015 but the judge said the commission did not have the power to regulate out-of-state gas and oil waste products.
Terex wanted to dispose of wastewater from wells drilled in Colorado and Wyoming and had plans to eventually include wells in Nebraska. The ruling by Judge Derek Weimer came in a challenge made by the Hughson Flying A Ranch Inc.and Jane Grove against the Nebraska Oil and Gas Conservation Commission. They are landowners with property adjacent to the site of the disposal well.
Attorney General Doug Peterson said he disagreed with the judge’s ruling but indicated the state would not file an appeal. He contends the Oil and Gas Commission acted properly and within its authority when it approved the application for the disposal well.
The Attorney General’s office said the applicant, Terex Energy could still file an appeal of the case.
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