Messer Americas has been granted a temporary injunction and will continue to operate the Crude Helium Enrichment Unit (CHEU) at the former federal helium system.
Announcing the decision today (12th September), the industrial gas company said the decision was granted by the 108th District Court in Potter County, Texas.
Messer Helium Cliffside and Cliffside Refiners will now negotiate terms related to the CHEU while continuing the asset, described as a central piece of machinery.
If Messer Helium Cliffside and the CRLP do not reach a reasonable commercial solution, however, it is believed that the domestic helium supply could be threatened.
Chris Ebeling, Executive Vice-President of Sales and Marketing, North America, at Messer Americas, described the decision as a positive step toward a stable and reliable helium market in the US.
“We will work to negotiate a long-term agreement in good faith with the CRLP and expect all partners to put the best interest of the partnership before individual commercial interests to protect long-term, continued supply of this valuable resource.”
News of the court decision follows Messer Helium Cliffside last month (August 2024) being granted a temporary restraining order to prevent the shutdown of the formal federal helium system, which it acquired from the US Bureau of Land Management (BLM).
Read more: Air Products could ‘deprive’ companies of privately-owned helium access, says Messer
Prior to the temporary restraining order, the BLM’s lease of the crude helium enrichment unit (CHEU) from Cliffside Refiners Limited Partnership (CRLP) was set to expire on 11th August.
Without a temporary injunction, Messer could have been forced to shut down the BLM system, removing a large amount of product from the market.
When noting the importance of the CHEU, Messer notes that global access to helium from the largest international suppliers, Russia and Qatar, will remain tenuous if sanctions persist and unrest in the Middle East escalates.
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