A federal judge temporarily halted the enforcement of a Biden-Harris administration rule in five states on Thursday designed to reduce methane emissions and minimize natural gas waste on federal lands.
U.S. District Court Judge Daniel Traynor issued a preliminary injunction that temporarily blocks the Bureau of Land Management (BLM) from enforcing a new rule that was implemented in April in North Dakota, Montana, Texas, Wyoming and Utah, according to The Hill. These states argued that the federal rule, which mandates oil and gas companies to implement waste reduction plans and leak detection programs on public lands, constitutes an overreach of federal authority, infringing upon state rights.
The contested rule requires operators to curtail the venting, flaring and leaking of natural gas during oil extraction processes, the outlet reported. The Biden-Harris administration has made it part of its climate agenda to reduce certain emissions, like methane, the primary component of natural gas.
We applaud the U.S. District Court judge’s decision to temporarily block @BLMNational from enforcing a natural gas venting and flaring rule published in April 2024.
Read the joint statement with @DrewWrigley here:https://t.co/XHkhsn4XSL
This rule is yet another example of the…
— Gov. Doug Burgum (@GovDougBurgum) September 13, 2024
Traynor stated in his decision that the states are likely to prevail because “on the merits of their claim, the 2024 Rule is arbitrary and capricious” and pointed out that various aspects of the rule are “inadequately explained” and “contradictory,” the North Dakota Monitor reported. This regulation impacts federal and tribal territories, and the Fort Berthold Reservation hosts the majority of oil and gas extraction on tribal lands in North Dakota.
BLM, under the Department of the Interior, argued that venting and flaring natural gas squanders public and Native American resources, cutting significant royalty revenues for taxpayers, tribes, and states, while exacerbating climate change, the North Dakota Monitor stated. However, Judge Traynor contends that the BLM lacks the authority for air quality control, a power reserved for the Environmental Protection Agency and the states by the Clean Air Act.
North Dakota challenged the rule, claiming it infringed on state sovereignty and would diminish state revenue from oil and gas production, while the BLM estimated the rule could generate over $50 million in tax revenue, the North Dakota Monitor reported. Traynor further questioned the economic benefit of the rule and said that it “offers no rationale why flaring is more economically productive than venting.”
The North Dakota Petroleum Council celebrated the decision as a victory for the oil industry, citing that the rule would have imposed stringent flaring limits and costly compliance requirements, particularly burdening smaller operators, the North Dakota Monitor stated. In response, Republican North Dakota Gov. Doug Burgum lauded the court’s temporary injunction, accusing the Biden administration of overreaching on federal land oil and gas production regulations.
The White House, Burgum and the North Dakota Petroleum Council did not immediately respond to the Daily Caller News Foundation’s request for comment.
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