Oil and Gas Waste ‘Oiled’ the Feathers of White Pelicans in Texas’ Permian Basin

As birds migrate through arid West Texas, there are few bodies of water where they can take a rest. Some end up landing in oilfield waste pits or ponds. 

That is apparently what happened to 17 American white pelicans that were spotted at Reeves County’s Lake Balmorhea in October with “oiled” feathers. The Texas Parks and Wildlife Department (TPWD) is investigating where the birds were exposed to oily waste before they reached the lake. Lake Balmorhea, a private lake about a mile southwest of the beloved Balmorhea State Park, is near numerous oil wells and waste pits, which are a known hazard to birds. 

Texas adopted a rule to protect birds from oilfield waste in 1991. But the rule has not been updated since the fracking boom increased the volumes of waste across the state. The Lake Balmorhea incident shows that the oilfields can still be a hazardous place for birds. 

No one knows exactly how many birds die each year in waste pits. A 2006 study by the U.S. Fish and Wildlife Service found that oil pits cause the deaths of 500,000 to one million birds per year nationwide.  

The Railroad Commission of Texas, which regulates the oil and gas industry, is updating its waste management rules. But in over 300 pages the most recent draft doesn’t include a single mention of birds. The USFWS-recommended best practices for storing waste from drilling and fracking include limiting the time oil pits are open and using closed loop systems, which separate the liquids from solids without the use of pits and allow for the fluids to be reused, instead of open pits, to protect birds. Some of these recommendations remain optional in Texas.

“The RRC enforces its rules, including Rule 22 to protect birds, through permitting and inspections processes,” said Railroad Commission spokesperson Patty Ramon. “Inspectors in district offices help ensure rules are followed during their daily inspections, and if violations are cited, operators are required to come under compliance.”

Oiled Pelicans Land at Lake Balmorhea

Local landowners reported the pelicans to TPWD on Oct. 18, according to agency spokesperson Kirk McDonnell, who said TPWD staff observed the birds with “varying degrees of oiling on their feathers.”

“The birds left the site several days later, and no mortalities were observed,” McDonnell said.

The American white pelican is one of the largest birds in North America, with a wingspan reaching nine feet. The birds migrate in the fall from their breeding grounds in the Canadian prairie provinces and upper Midwest states to the Texas coast and Mexico.

“The pelicans were migrating south for the winter and stopping at water bodies like Lake Balmorhea along the way, but TPWD has not pinpointed an exact location where the oiling may have occurred,” McDonnell said. “The investigation is ongoing.”

Operators dig reserve pits next to oil rigs to dispose of drilling muds, well cuttings and other waste products from the well. Once drilling is complete, the contents of the reserve pits are left to dry. The leftover solids are then buried underground. These pits filled with toxic waste present a hazard for birds, especially in areas like the Permian Basin that have few natural sources of water. 

Even when birds survive an encounter with a waste pit, which can store both produced water and drilling mud, the exposure can be detrimental to their health. Birds preen to remove the waste from their feathers and end up ingesting oil, which can be fatal in high quantities. Birds that consume oil in non-toxic amounts can later be more vulnerable to disease and predators. Waterfowl can also transfer oil from their feet and feathers onto eggs during breeding season.

The TPWD investigative report, which Inside Climate News requested through a records request, is not yet finalized. The Railroad Commission of Texas inspected pits adjacent to Lake Balmorhea and did not identify any potential sources of the oil. 

“We have also sent word to operators to send personnel to their pits in the area,” said agency spokesperson R.J. Desilva. 

Birders at Lake Balmorhea have spotted more than 60 species of birds, including great blue herons, red-tailed hawks and green-winged teals, according to Ellen Weinacht, who manages the Sandia Wetland on her nearby property. Weinacht said several dead pelicans were found in a separate incident in fall 2023, though she did not indicate they were injured in oil pits.

Oilfield Waste Threatens Migratory Birds

A wildlife advocate in Midland brought national attention to the plight of birds in the oilfields in the 1970s and 1980s. Midge Erskine ran a wildlife refuge and documented countless birds dying in open pits around Midland. Her advocacy pressured the industry and regulators to do more to protect birds. 

The Railroad Commission adopted State Rule 22 in 1991 requiring operators to “screen, net, cover, or otherwise render harmless to birds” open-top tanks and pits during drilling and exploration. The rule includes several methodologies that can be used to achieve compliance. The rule also states that Texas cooperates with federal and state wildlife agencies to protect birds. 

Bird deaths in the oilfields have continued. In 2007, Spindletop Drilling paid fines after 12 Northern mockingbirds and one mourning dove were found dead in its oil pits in East Texas. In 2013, Phillips 66 in the Texas Panhandle was fined after 260 waterfowl, mostly teal, died in the facility’s 22-acre brine pond.

“Although law enforcement and industry efforts have produced genuine progress on this issue, oil pits remain a significant source of mortality for birds in the United States,” Pepper W. Trail, a USFWS forensic ornithologist, wrote in the 2006 study.

Federal authorities have used the Migratory Bird Treaty Act to penalize companies whose waste pits have killed migratory birds. In 2017 the administration of President Donald Trump rolled back an Obama-era directive to prosecute companies for “incidental” or unintentional bird kills under the Act. President Joe Biden reinstated the rule in 2021. When Trump returns to office he could once again remove this tool to penalize companies.

So far in 2024, Railroad Commission inspectors have issued more than 250 violations of State Rule 22, the bird protection rule, to oil and gas companies. The TPWD spokesperson said that in the past 10 years the agency has documented nine cases of birds landing in oil pits with 44 confirmed mortalities and another 16 oiled birds that were rehabilitated.

Railroad Commission Updates Waste Pit Rules

The Railroad Commission is updating its rules for oilfield waste pits, known as Chapter 4, for the first time since the 1980s. 

While the draft rule does not specifically mention bird protections, Railroad Commission spokesperson Patty Ramon said the Rule 22 “requirements and corresponding liabilities” apply to all companies and will be enforced on pits covered by Chapter 4. 

But Commission Shift, a nonpartisan organization focused on reforming oil and gas regulation in Texas, would like the updated waste pit rules to go further to protect birds. The organization submitted extensive public comments on the draft rule. 

“Pits are a known danger for birds and wildlife, yet the Commission is not proposing to update Rule 22 or add additional rules to protect other animals from these pits,” their comments read. 

“The language is vague and operators can get around it,” said Virginia Palacios, Commission Shift’s executive director. “The RRC should have done more in these draft rule amendments to incorporate best practices.”

Regulations vary state to state for how long the reserve pit can be left open to the elements with birds overhead. Some states cap it at 30 days. Texas allows a full calendar year. There is also no limit to the size of reserve pits in Texas.

“The longer the reserve pit is left on site, the greater the probability that aquatic birds will land on the pit,” wrote Pedro Ramirez Jr. in a 2009 USFWS report, “Reserve Pit Management: Risks to Migratory Birds.”