Messer is Granted Temporary Restraining Order to Avoid Disruption of Domestic Helium Supply

Access to US helium system could be impacted if operation-critical lease of the CHEU is not extended

BRIDGEWATER, N.J., Aug. 7, 2024 /PRNewswire/ — This afternoon, the 108^th District Court in Amarillo, Texas granted Messer Helium Cliffside LLC’s (MHC) request for a temporary restraining order (TRO) to prevent the imminent shutdown of the former federal Helium System that MHC recently acquired from the US Bureau of Land Management (BLM). The Court’s order will permit MHC to continue operating the Crude Helium Enrichment Unit (CHEU) owned by Cliffside Refiners LP (CRLP) after the current lease between CRLP and the BLM ends on August 11, 2024.

The CHEU is the central piece of machinery that extracts and processes helium from the Helium System. Without access to the CHEU, the Helium System would be forced to shut down.

The TRO allows the continued operation of the CHEU after August 11, avoiding imminent disruption in domestic helium supply. The Court ordered MHC and CRLP to appear on August 23, 2024, at which time the Court will decide whether to grant MHC a preliminary injunction to give time to negotiate a new lease with the CRLP in good faith.

Two of the three CRLP partners support allowing MHC continued access to the CHEU. Despite diligent efforts, MHC has been unable to reach a reasonable commercial solution with the third partner, Air Products. By impeding MHC’s ability to operate the CHEU, Air Products could deprive numerous third parties access to their privately owned helium stored in the System.

MHC welcomes the opportunity to explain to the Court at the upcoming hearing why its continued access to the CHEU is critical to protect the stability of the domestic helium market and the needs of helium users in several major industrial sectors.

"Without helium, MRI machines cannot run, semiconductor chips cannot be made, and space rockets cannot launch. Not to mention, national defense and economic security could be impacted, as the largest foreign suppliers of helium (Qatar and Russia) are subject to disruption by geopolitical events and trade restrictions," said Chris Ebeling, Messer’s Executive Vice President, Sales & Marketing, North America.

As a leading supplier of helium, Messer is committed to providing a safe, dependable and continuous supply of this valuable gas that plays a pivotal role in the nation’s health and security. Messer has operated the CHEU safely and reliably over the past two years while under contract with the BLM.

About Messer

Messer is the largest privately held industrial gas business in the world and a leading industrial and medical gas company in North America, South America, Asia and Europe. Messer offers more than 125 years of expertise in industrial, medical, specialty and electronics gases. The company delivers quality gases, related services and technology via an extensive production and distribution network. Health and safety, sustainability practices and environmental protection are core Messer values that are embedded in the company’s daily operations. Messer Americas sales account approximately for 52% of Messer worldwide sales of $4.7 billion USD. For more information, visit: www.messeramericas.com.