Judge rules Westlake’s Longview-area ethylene pipeline easements are invalid

Published 10:55 pm Sunday, August 3, 2025

An East Texas judge has ruled that a Longview-area chemical company’s easements for its 200-mile pipeline to Mont Belvieu are invalid and conflict with those of another pipeline.

Attorneys representing Express H2O Pipeline and ROW LLC say they’re also asking the judge to order Westlake Chemical OpCo. LP to cease operations of its 200-mile pipeline, which transports ethylene from the company’s plant just outside Longview to Mont Belvieu, a plastics production hub.

Judge Todd Kassaw in the 159th Judicial District in Angelina County ruled recently that Westlake’s “invalid and ineffective” easements for its pipeline conflict with older, superior easements for a 67-mile pipeline owned by Express. Westlake’s easements “must yield” to Express’ pipeline easements, Kassaw ruled in granting a motion for summary judgment filed by Express.

The ruling was the latest development in the case Express attorneys filed against Westlake in 2024. A hearing on a request for a permanent injunction to bar Westlake from operating its pipeline is set for Sept. 15.

How such an injunction could affect Westlake isn’t immediately clear. Westlake officials did not respond to a request for comment, but a spokesman previously said the company doesn’t comment on pending litigation.

In a statement to the News-Journal, Chris Sachitano, an attorney representing Express, said: “Given the critical nature of the pipeline at issue, we believe a shutdown would significantly disrupt operations for Westlake Chemical OPCO, Westlake Chemical Partners and Westlake Corporation.”

Although the lawsuit was filed in 2024, the conflict between Westlake’s pipeline and Express’ pipeline began decades ago.

This map shows where Westlake Chemical and Express H2O’s pipelines cross in Angelina County. (Contributed map)

The Express natural gas pipeline was built in the early 1900s by Gulf Pipeline Co. Landowners granted the company exclusive pipeline easements across land in Nacogdoches and Angelina counties, Express attorneys wrote in an amended petition.

Exclusive easements bar other companies from building pipelines on those properties. The pipeline went dormant at some point during the 20th century and changed hands through the years. It has been inactive for an undetermined number of years.

The Westlake pipeline transports ethylene, which is used to produce plastic, rubber and more. The pipeline was built in 1996 and 1997 by Mustang Pipeline Co., a subsidiary of Eastman. Westlake purchased the line from Eastman in 2006. Buckeye Development & Logistics operates the line for Westlake.

The lawsuit arose after Larry Wright, owner of Express, was approached by a man interested in buying the Express pipeline in April 2023. Wright halted the sale after discovering that Westlake’s pipeline crossed his at various points, creating easement conflicts, and that portions of the line had been removed during the Westlake line’s construction, according to the lawsuit.

Documents provided by Express’ law firm show areas where the two pipelines follow a similar path and apparently cross, including in the Alazan Bayou Wildlife Management Area, which is owned by the Texas Parks & Wildlife Department, in Nacogdoches County.

Although the Express pipeline hasn’t been in operation for years, Express attorneys wrote that the line wasn’t technically abandoned. Permits for the line have remained active with the Texas Railroad Commission since the 1970s, and taxes have been paid on the line every year since 1992, attorneys wrote in the motion for summary judgment.

How Mustang Pipeline officials came to the conclusion that the Express pipeline was abandoned is “unknown,” Sachitano, the Express attorney, previously wrote in an email to the News-Journal.

Attorneys for Westlake, however, previously wrote that they believe Express’ easements were non-exclusive, meaning Westlake’s easements can coexist. They also wrote that Express’ easements were granted only as long as they were “useful,” and because the pipeline was broken and in disrepair before the Westlake pipeline, the purposes of the easements have been abandoned. As such, Express doesn’t have the right to recover damages, they wrote.

Express H20 is headquartered in McQueeney, though little information about the company is available online.

As a result of the easement conflict and damage to its pipeline, Express H2O is unable to exercise its rights to use or sell the pipeline, attorneys wrote.

Express officials made “multiple efforts” to resolve the issue with Westlake officials before filing the lawsuit, Sachitano previously told the News-Journal. “However, Express H2O’s position is Westlake made no effort to respond to such requests, other than delay.”

Sachitano said he doesn’t believe a trial will be necessary for the case to be resolved. He did not say whether Express wants Westlake to purchase its pipeline easements or take some other course of action. He previously did not state the value of the pipeline.

Sachitano also said Westlake officials haven’t notified their shareholders of the lawsuit. He said he believes the company is required to inform its shareholders of the lawsuit because Securities and Exchange Commission regulations – which protect investors – require companies to disclose information that investors need to know.

“Westlake’s refusal to acknowledge or comply with the declaratory judgment — either privately or publicly — we believe, demonstrates a clear intent to disregard the court’s authority and to maintain its unauthorized use of Gulf Easements,” Sachitano said.