A federal judge on Thursday temporarily halted implementation in five states of a Biden-Harris administration rule aimed at reducing methane emissions and minimizing natural gas waste on federal lands.
U.S. District Judge Daniel Trainor issued a preliminary injunction temporarily blocking the Bureau of Land Management (BLM) from enforcing new rules that went into effect in April in North Dakota, Montana, Texas, Wyoming and Utah. According to The states argued that federal regulations requiring oil and gas companies to implement waste reduction plans and leak detection programs on public lands exceeded federal authority and violated states' rights.
The media reported that the contentious rule would require operators to curb the release, flaring and leakage of natural gas during the oil extraction process. The Biden-Harris administration has made reducing certain emissions, such as methane, the main component of natural gas, a priority in its climate change agenda.
U.S. District Judge Applauds Temporary Block Decision Follow Prohibits enforcement of rules on natural gas venting and flaring promulgated in April 2024.
Read the joint statement Drew Wrigley here:https://t.co/XHkhsn4XSL
This rule is another example of…
— Governor Doug Burgum (@GovDougBurgum) September 13, 2024
In his ruling, Judge Trainor said the states were likely to prevail, saying “the nature of their arguments renders the 2024 Rules arbitrary and capricious,” and noting that various aspects of the rules were “inadequately explained” and “contradictory,” according to the North Dakota Monitor. ReportedThe restrictions affect federal and tribal lands, with the Fort Berthold Reservation accounting for the majority of oil and gas extraction on tribal lands in North Dakota.
According to the North Dakota Monitor, the BLM, which is under the Department of the Interior, argued that venting and flaring natural gas wastes public and Native American resources, significantly reduces taxpayer, tribal and state royalty revenues, and exacerbates climate change. But Judge Traynor argued that the BLM does not have the authority to control air pollution, an authority reserved to the EPA and states by the Clean Air Act.
North Dakota challenged the rule, arguing it infringes on state sovereignty and reduces state revenues from oil and gas production, but the BLM estimates the rule will raise more than $50 million in tax revenue, the North Dakota Monitor reported. Trainor also questioned the economic benefits of the rule, saying the agency “has not shown any reason why flaring would be more economically productive than venting.” (Related: Biden Administration to ban new oil leasing on 1.6 million acres of land)
The North Dakota Petroleum Council celebrated the decision as a victory for the oil industry, saying the rule would impose tough flaring limits and costly compliance requirements that would particularly burden small operators, The North Dakota Monitor reported. responseNorth Dakota's Republican governor, Doug Burgum, has accused the Biden administration of overexpanding its power in regulating oil and gas production on federal lands and praised the court's preliminary injunction.
The White House, Burgum and the North Dakota Petroleum Council did not immediately respond to requests for comment from the Daily Caller News Foundation.
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