On April 4, 2018, the federal district court for the District of Wyoming stayed implementation of “phase-in provisions” of the U.S. Bureau of Land Management’s Waste Prevention Rule and stayed the pending actions challenging the Rule pending BLM’s finalization of a revised rule. The Waste Prevention Rule, adopted by the Obama administration in 2016, restricts the venting and flaring of methane associated with oil and gas development on public and tribal lands. In December 2017, the Wyoming federal court stayed challenges to the Rule, citing BLM’s suspension of certain effective dates and BLM’s ongoing reconsideration and review of the Rule. In February, the federal district court for the Northern District of California enjoined enforcement of BLM’s suspension of the effective dates. On March 7, the Wyoming federal court lifted its stay and ordered briefing on three pending motions: one to establish an expedited schedule for merits briefing, one to suspend implementation of certain provisions of the Waste Prevention Rule, and one to grant a preliminary injunction or vacatur of certain provisions of the rule. In its April 4 order, the Wyoming federal court noted that BLM’s proposed revisions to the Rule would substantially change the phase-in regulations that were at the “heart” of this litigation and that “[t]o force temporary compliance with those provisions makes little sense and provides minimal public benefit, while significant resources may be unnecessarily expended.” The court said that “to preserve the status quo, and in consideration of judicial economy and prudential ripeness and mootness concerns,” a stay of the phase-in provisions and the challenges to the Rule while BLM completed its rulemaking was the “most appropriate and sensible approach.”

Challenge to United States Bureau of Land Management’s final rule concerning methane emissions from oil and gas operations on federal and tribal lands.

Wyoming v. United States Department of Interior

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After California Federal Court Stopped BLM from Postponing Effective Dates of Waste Prevention Rule, Wyoming Federal Court Stayed Rule’s Implementation

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After California Federal Court Stopped BLM from Postponing Effective Dates of Waste Prevention Rule, Wyoming Federal Court Stayed Rule’s Implementation

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