Southern District of Texas Grants Section 1782 Discovery Against Texas E&P Companies for DRC Administrative Challenge to Lake Kivu Methane Auction
Two Congolese environmental NGOs successfully obtained Section 1782 discovery from Texas-based oil and gas companies in preparation for an administrative lawsuit challenging a 2022 methane gas block auction in Lake Kivu, DRC, alleging the auction violated Congolese law through lack of transparency, failure to obtain Council of Ministers approval, and inadequate environmental evaluation and community consultation. Judge Drew B. Tipton of the Southern District of Texas granted the petition for discovery including document production and depositions, finding the statutory requirements satisfied and that the proceeding need only be in reasonable contemplation under Intel Corp. v. Advanced Micro Devices, Inc.
Background and Business Context
This case involves a miscellaneous action under 28 U.S.C. § 1782 brought by two Congolese non-profit organizations—Alerte Congolaise pour l'Environnement et les Droits de l'Homme ("ACEDH") and Actions pour la Promotion et Protection des Peuples et Espèces Menacés ("APEM")—seeking pre-litigation discovery from Texas-based oil and gas entities. ACEDH, founded in North Kivu in 2008, focuses on "environmental justice, community-based protection of conservation areas, and accountable and transparent governance of land, fisheries, and energy." APEM, established in Kinshasa in 2013, works to achieve "human well-being through respect for human rights and community rights in a healthy and balanced environment."
In July 2022, the DRC government auctioned three methane gas blocks in Lake Kivu, a geologically sensitive area near the DRC-Rwanda border containing "multiple national parks, indigenous peoples' territories, and other protected areas." Unite Oil and Gas Production, LLC, a Texas limited liability company owned by Franklin Ihekwoaba, won one of the three bids. The DRC government signed a production sharing agreement with Unite Oil in September 2023.
The Regulatory Challenge
Petitioners allege the auction process violated multiple provisions of Congolese law. According to their petition, "the auction process and outcome were characterized by a lack of transparency, a failure to follow required procedures and laws, and improper government conduct that violates Congolese law." These alleged improper acts include failing to obtain approval for the bid from the Council of Ministers, failing to undertake a prior environmental evaluation of the plan, and failing to consult with local communities.
Critically, Petitioners argue there is "significant scientific uncertainty around the safety of methane extraction in Lake Kivu" due to the potential for "a catastrophic release of gases that would present risks to millions of people living around the lake." Concerned about these catastrophic risks, Petitioners intend to bring an administrative lawsuit in the DRC to "challenge the conduct of the auction and the attribution of the gas block[ ] to" Unite Oil. To prepare for this lawsuit against the DRC government, Petitioners filed the Section 1782 petition seeking discovery from Respondents Winds Exploration and Production, LLC, Unite Oil, and Franklin Ihekwoaba.
The Court's Section 1782 Analysis
Judge Drew B. Tipton granted the discovery request. The court applied the framework established in Intel Corp. v. Advanced Micro Devices, Inc., noting that "the 'proceeding' for which discovery is sought under § 1782(a) must be in reasonable contemplation, but need not be 'pending' or 'imminent.'" The court's memorandum opinion and order was filed on August 21, 2025, with Petitioners represented by Andrew S. Golub of Dow Golub Remels & Beverly, LLP in Houston.