California v. U.S. Bureau of Land Management

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After a California federal court granted motions in February for a preliminary injunction barring the U.S. Bureau of Land Management (BLM) from enforcing its rule delaying provisions of the Waste Prevention Rule, the federal respondents filed an appeal in the Ninth Circuit on April 23.

The federal district court for the Northern District of California granted motions for a preliminary injunction barring the U.S. Bureau of Land Management (BLM) from enforcing its rule delaying and suspending the requirements of its Waste Prevention Rule, which is intended to “to reduce waste of natural gas from venting, flaring, and leaks during oil and natural gas production activities on onshore Federal and Indian (other than Osage Tribe) leases.” The court found that BLM’s reasoning for delaying the rule was “untethered to evidence contradicting the reasons for implementing the Waste Prevention Rule” and that plaintiffs were therefore likely to prevail on the merits. The court also found that the plaintiffs had demonstrated irreparable injury based on “the waste of publicly owned natural gas, increased air pollution and associated health impacts, and exacerbated climate impacts.” The court also denied motions to transfer the action to the District of Wyoming, where a challenge to the Waste Prevention Rule is pending. The California federal court said the substantive legal issues in the District of Wyoming case were distinct from the procedural issues at issue in this action.

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