Eye On Illinois: Weak agency or weak rules? State facing concerns over old oil and gas rules

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Red tape has negative political connotations, and on another day, I might dedicate the rest of the space to exploring the history of the phrase or the debate between regulations enacted with good intentions that gradually grow onerous or those arguably rotten at the core.

Instead, I invite readers to consider the concept of government regulations in the context of Monday’s Capitol News Illinois story under the headline: “Taxpayers could be on the hook for millions in cleanup costs from oil and gas wells; Study finds thousands of unplugged wells in Illinois pose health and financial risks.”

CNI’s Peter Hancock summarized a 41-page report from Northwestern University’s Bluhm Legal Clinic and ClientEarth USA, an environmental advocacy group. (Access the source material at tinyurl.com/BillionBlind.) One key data point is that Illinois has more than 30,000 oil and gas wells, the majority of which produce little or nothing.

The study expresses concern about air and water pollution, but it also presents what could be considered the implications of insufficiently regulating this industry: “the lack of reliable data about the working status of oil and gas wells in the state, coupled with the state’s weak regulatory framework, makes it hard to know the exact size and scope of the threat Illinois faces,” Hancock wrote. “Thus, it’s nearly impossible to hold drilling companies accountable for paying the costs themselves.”

The Illinois Department of Natural Resources says the state still has more than 23,400 operating wells – most producing fewer than 1.5 barrels daily – along with 6,535 injection wells for storage of pot fluids used in oil and gas production and 1,078 gas storage wells. But the state doesn’t collect precise well production and activity data, which yields uncertainty about whether inactive wells are properly sealed.

ClientEarth said most other states have more accurate production data than Illinois. The DNR is responsible for enforcing a requirement that well owners or operators plug wells and clean sites when ceasing production, “but the report points out there are numerous ways well operators can avoid that responsibility, and it suggests IDNR has frequently been unable or unwilling to take strong enforcement action,” Hancock said.

Much like the consternation last summer when an insurance industry insider called Illinois’ homeowner policy regulations “among the most toothless in the nation,” it may surprise anti-red tape crusaders to learn the state lags its peers in this arena.

If the issue is a state agency being unwilling to use its established power levers, the administrative branch can exert influence. If the levers are insufficient, legislators need to supply additional strength. Either way, Illinois too often creates powers it can’t or won’t exercise. In this case, the consequences could result in inherited responsibility we can’t afford.

• Scott T. Holland writes about state government issues for Shaw Local News Network. He can be reached at sholland@shawmedia.com.

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February 12, 2026 at 10:03AM

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