On January 16, 2017, a Wyoming federal court declined to issue a preliminary injunction staying the effective date of the United States Bureau of Land Management’s (BLM’s) final rule related to the reduction of waste of natural gas from venting, flaring, and leaks during oil and natural gas production activities on federal and Indian lands. The rule went into effect on January 17, 2017. It has been identified by congressional Republicans as one of the regulations they would like to use the Congressional Review Act to overturn; the House of Representatives <a href="http://columbiaclimatelaw.com/climate-deregulation-tracker/house-votes-to-overturn-blm-methane-rule/">approved</a> a resolution to repeal the rule on February 3, 2017. The court found that the petitioners had not shown a “clear and unequivocal right to relief” because the court was unable to conclude that the rule’s provisions “lack a legitimate, independent waste prevention purpose or are otherwise so inconsistent with the [Clean Air Act] as to exceed BLM’s authority and usurp that of the EPA, states, and tribes.” Though the court questioned whether the “social cost of methane” was an appropriate factor to consider in issuing a “resource conservation rule” pursuant to the Mineral Leasing Act, the court said it could not conclude “at this point” that the rule was arbitrary and capricious. The court also found that the petitioners had not established that irreparable injury was likely. The court noted, however, that a preliminary injunction would not necessarily have been adverse to the public’s interest in resource conservation and air quality since BLM already had other waste prevention regulations in place and a preliminary injunction would “sidestep the costly implementation of duplicative and potentially unlawful regulations.”

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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Wyoming Federal Court Expressed Concerns About BLM Methane Rule But Denied Preliminary Injunction

Filed

United States of America

Wyoming

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Wyoming Federal Court Expressed Concerns About BLM Methane Rule But Denied Preliminary Injunction

Policy instrument

Risk

Impacted group

Fossil fuel

Greenhouse gas

Economic sector

Finance