Wyoming v. U.S. Department of the Interior

The Tenth Circuit Court of Appeals denied a petition for rehearing of its order vacating the District of Wyoming’s 2020 decision that held that the U.S. Bureau of Land Management's 2016 Waste Prevention Rule exceeded the agency’s authority.

The Petitioners asked the Tenth Circuit for panel rehearing requesting either that the court not vacate the district court’s judgment or clarify that BLM may not retroactively enforce the 2016 rule.

After the U.S. Bureau of Land Management (BLM) adopted a final rule in April 2024 that aimed to reduce waste of natural gas from venting, flaring, and leaks during oil and gas production activities on federal and Indian leases, the Tenth Circuit Court of Appeals vacated a district court’s 2020 ruling and judgment that vacated portions of the Obama administration’s 2016 rule that also aimed to reduce waste of natural gas. The district court held that the 2016 rule exceeded BLM’s authority under the Mineral Leasing Act and that BLM acted arbitrarily and capriciously in adopting the rule. The Tenth Circuit noted that all appellate parties agreed that the appeal from the district court’s 2020 ruling and judgment should be dismissed as moot. The Tenth Circuit further concluded, however, that it was appropriate to follow the general rule of vacating the district court’s ruling when a case becomes moot during appeal. Wyoming, North Dakota, Texas, Montana, Western Energy Alliance, and Independent Petroleum Association of America (Petitioners) had argued that the district court’s ruling should be left in place because some of the appellants were responsible for delaying the appeal until the regulation 2016 regulation was replaced, but the Tenth Circuit was not persuaded. The Tenth Circuit noted that practitioners and courts could continue to consult the district court’s 2020 ruling “for its potential value as persuasive authority.” Wyoming, North Dakota, Montana, and Texas have filed a separate <a href="https://climatecasechart.com/case/north-dakota-v-us-department-of-the-interior-2/">lawsuit</a> in the District of North Dakota challenging the 2024 rule.