The Oklahoma Bar Journal May 2024

discourage abandonment, but recently, legislative action at both the state and federal levels has provided new and creative incen tives intended to ensure that such wells are properly plugged and public safety preserved.

law allows the Commission itself to obtain these credits and use funds generated from their sale to pay for additional funding. The Commission may also establish a method by which it can transfer these wells and the associated credits to a third party. 10 While these Commission rules are being negotiated, many companies and nonprofits have expressed interest in participating in this emerging marketplace. 11 The Oklahoma Corporation Commission is tasked with reg ulating the operation of wells in a manner that both discourages their abandonment and ensures abandoned wells are properly plugged. Oklahoma Statutes limit the Commission’s authority to use surety requirements to CONCLUSION

ENDNOTES

1. I would like to thank my colleagues at A New Energy LLC, especially attorneys Jim Roth and Lindsey Pever and intern Chris Contreras. Their advice and edits have been invaluable. 2. https://bit.ly/3PFiEwW. 3. 17 O.S. §53. 4. 52 O.S. §318.1(A)(2). 5. 52 O.S. §318.1(C). 6. Id . 7. 52 O.S. §52. 8. 52 O.S. §318.1(C). 9. Mike W. Ray, “Federal well-plugging program now underway in Oklahoma,” Southwest Ledger News , June 13, 2023. https://bit.ly/3x9oUqn. 10. 52 O.S. §310(B). 11. The Orphan Well Management Association, which my firm and I represent, has been created as a 501(c)(6) trade association to promote the interest of these participants.

ABOUT THE AUTHOR

Niles Stuck is a 2008 graduate of the OU College of Law who practices energy regulation law at A New

Energy LLC and previously served as an administrative law judge at the Oklahoma Corporation Commission. Since leaving the Commission, he developed a practice at both the Commission and in district court. When not practicing law, Mr. Stuck enjoys time with his wife and two children in Edmond.

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

34 | MAY 2024

THE OKLAHOMA BAR JOURNAL