Dallas Bar Association
HEADNOTES April 2014 Volume 39 Number 4
Thank You E-Mentoring Volunteers!
Focus Energy/Environmental Law
American Democracy and the Rule of Law: Why Every Vote Matters ate of Baylor University. She also graduated cum laude from Harvard Law School. After law school, she clerked for the Honorable Sim Lake of the United States District Court by Meghan Hausler for the Southern District of Texas. She then worked at Baker Botts, focusing on civil As Abraham Lincoln eloquently stated, litigation, antitrust and employment matone of America’s most venerated ideals is ters. She moved behind the bench in 2002, “government of the people, by the people, when she was appointed, then twice elected, and for the people.” In the spirit Judge of the 190th District of these words, and in honor of Court of Harris County, Texas. the upcoming 50th anniversaWhile serving in that posiries of Civil Rights Act of 1964 tion, she presided over more and the Voting Rights Act of than 200 jury and bench tri1965, this year’s ABA Law Day als. Judge Elrod was appointed theme is “American Democto the federal bench by Presiracy and the Rule of Law: Why dent George W. Bush in 2007 Every Vote Matters.” As in when Judge Patrick Higginyears past, the DBA will celebotham assumed senior stabrate Law Day with a luncheon tus. Judge Elrod has received featuring a keynote speaker numerous awards for her confrom the judiciary. tributions to the Bar and to President Dwight D. Eisenthe community. She received hower proclaimed the first Law the Judge Thomas Gibbs Gee Day in 1958 and stated, “In Hon. Jennifer Walker Elrod award for her pro bono work a very real sense, the world no longer has a and has twice received the President’s Award choice between force and law. If civilization from the Houston Bar Association. In 2004, is to survive, it must choose the rule of law.” the Houston Young Lawyers Association Since President Eisenhower’s proclamation, (HYLA) named her the Woodrow Seals May 1st has been marked a day of national Outstanding Young Lawyer of Houston, recognition of our country’s heritage of lib- and in 2012, HYLA presented her with the erty, justice and equality under the law. Outstanding Mentor Award. In 2008, the President Lyndon B. Johnson stressed Mexican-American Bar Association of Texas the importance of voting rights—the theme named her Judge of the Year. of this year’s Law Day—when he stated, “In Judge Elrod is honored to be a part of our system, the first right and most vital of all the DBA’s celebration of Law Day, and she our rights is the right to vote. . . . It is from believes that President Eisenhower’s words at the exercise of this right that the guarantee of the first Law Day proclamation—that withall our other rights flows. Unless the right to out the rule of law, civilization could not survote be secure and undenied, all other rights vive—are as crucial today as they were then. are insecure and subject to denial for all our Judge Elrod is committed to promoting the citizens.” The right to vote is the foundation rule of law for citizens living in a democratic of government by the people, and although republic. While presiding over naturalization the struggle to establish and protect every ceremonies, Judge Elrod has seen first-hand citizen’s right to vote began decades ago, the appreciation new American citizens have there is still work to be done to ensure that for their rights in our country. Judge Elrod all Americans have the right to participate in also notes that the importance of the rule of our democracy. law in securing the right to vote is evident in Even in today’s modern democracy, citi- news from around the world, such as in the zens frequently face avoidable barriers to vot- striking pictures of the Iraqi people proudly ing participation. The bipartisan Presidential holding up their purple-stained fingers after Commission on Election Administration, voting for the first time. Judge Elrod comfor example, found that voters frequently mends the DBA for celebrating Law Day and stand in long lines caused by broken voting for spending time in schools to help children machines, confusing ballots and untrained or learn the importance of the rule of law. undertrained poll workers. This Law Day, let The luncheon begins at noon on Friday, us reflect upon what each of us can contrib- May 2, 2014, at the Belo Mansion. Doors ute to minimize these obstacles and promote open at 11:45 a.m. Tickets are $40 per perthe voting rights of ourselves and our fellow son or $400 per table. For tickets or more Americans. information, contact Mary Ellen Johnson The Dallas Bar Association will continue at mjohnson@dallasbar.org or (214) 220its tradition of celebrating Law Day with a 7400. Reservations are available online at luncheon honoring the judiciary, featuring ww.dallasbar.org. HN keynote speaker the Honorable Jennifer Walker Elrod, Circuit Judge, United States Meghan Hausler is an associate with Baker & McKenzie LLP and a CoCourt of Appeals for the Fifth Circuit. Vice Chair of the DBA’s Publications Committee. She can be reached at Judge Elrod is a Phi Beta Kappa gradu- meghan.hausler@bakermckenzie.com.
Keynote Speaker Honorable Jennifer Walker Elrod
The Dallas Bar Association E-Mentoring Committee hosted a year-end banquet for the 2013-2014 Dallas ISD E-Mentoring students and mentors. Attending were (left to right) Co-Chair Ashley Sissell, DBA President Scott McElhaney, keynote speaker retired Dallas Maverick Rolando Blackman, and Tracy Graves Wolf. Thank you to all of the volunteer attorneys who participated in this program. Find out more at www.dallasbar.org/ementoring.
Focus
Energy/Environmental Law
Where Does All the Water Go? by R. Grant Wood
Unless you have been hiding under a rock for the past eight years, you have probably noticed the increased reporting of the Texas Energy Boom. If you have been hiding under a rock and depending on the depth of that rock, you may have encountered oilfield brine, the subject of this article. A few statistics about oil and gas underscore the importance of disposal wells within our state’s energy infrastructure. There are over 409,000 oil and gas wells in the State of Texas. Since 1936 there have been around 107,000 wells permitted for injection in Texas, with over 55,000 current injection well permits. In addition, there are over 33,000 active permits. The occurrence of ancient saltwater in productive oil and gas formations presents a different kind of water challenge than we normally deal with in Texas. Unlike scarce surface water, energy-related water is a waste product of oil and gas production. Naturally occurring saltwater brought to the surface during oil and gas production is referred to as produced water. Production of this type of water can range from nearly zero to many thousands of barrels per day. With the advent of hydraulic fracturing, there has been a rise in another class of water, called flowback. Flowback and produced water are similar in that they both contain high levels of total dissolved solids (TDS). The source
and makeup of those TDS differ, however. In produced water, there are traces of hard rock minerals from the interval where the water was produced. Also, produced water contains dissolved hydrocarbons and naturally occurring radioactive materials, including radium isotopes. In contrast, flowback contains a “cocktail” of suspended particles, including clays, sands, chemical additives, and dissolved metals, with chemicals typically constituting 0.5% or less of the volume. Regardless of the classification of the water, we cannot simply make it go away, or dispose of these volumes on the surface. Regulation of produced water and flowback is predominately accomplished by utilizing Class II wells, which fall under the regulatory authority of the Texas Railroad Commission (Railroad Commission). On April 23, 1982, the Environmental Protection Agency awarded the Railroad Commission “primary enforcement responsibility” over oil and gas injection and disposal wells in Texas. Administration of this program falls to the Technical Permitting Section-Underground Injection Control (UIC) program of the Railroad Commission. Class II wells are utilized for injecting waste arising out of, or incidental to, drilling for or production of oil, gas, or geothermal resources. Other permitted uses for Class II wells include the underground storage of Continued on Page 10
Inside 9 Joint Development Trends in Oil & Gas Transactions 11 Environmental Programs That Close Real Estate Transactions 13 Three Steps for Beginning Your Energy Litigation Practice
Save the Date!
Friday, May 30, Noon at Belo MCLE 1.00 “Dismantling the Schools to Prison Pipeline: What Can Lawyers Do?” Celebrating the 60th Anniversary of Brown v. Board of Education Sponsored by: Dallas Bar Association, DBA Juvenile Justice Committee, DBA Mentoring Committee, DBA Community Involvement Committee, DBA Law in the Schools Committee, J.L. Turner Legal Association, Dallas Hispanic Bar Association, Dallas Asian American Bar Association