A federal judge in North Dakota has temporarily blocked a new Biden administration rule aimed at reducing natural gas releases and flaring at oil wells.
At this preliminary stage, the plaintiffs have shown they are likely to succeed on the merits of their claims that the 2024 rule is arbitrary and capricious, U.S. District Judge Daniel Trainor ruled Friday, the Bismarck Tribune reported.
North Dakota, along with Montana, Texas, Wyoming and Utah, challenged the rule in federal court earlier this year, arguing that it would impede oil and gas production and that the Interior Department’s Bureau of Land Management was overstepping its authority to regulate non-federal minerals and air pollution.
The agency said the rule is aimed at reducing gas waste and, if implemented, could result in royalty holders receiving more than $50 million in additional payments.
But Trainor wrote that the rule “simply adds a layer of federal regulation on top of existing federal regulations.”
When oil is pumped, natural gas often comes out as a by-product. Because gas is not as profitable as oil, it is often vented or flared unless the proper equipment is installed.
Methane, the main component of natural gas, is a climate super-pollutant many times more potent than carbon dioxide in the short term.
North Dakota oil well operators have significantly reduced flaring rates over the past few years, but they still hover around 5%, the Tribune reported. The reductions require infrastructure to capture, transport and use the gas.
North Dakota politicians praised the ruling.
The Biden-Harris Administration continues to attempt to over-regulate and ultimately undermine North Dakota’s energy production capacity, North Dakota Attorney General Drew Wrigley said in a statement.
The Bureau of Land Management declined to comment.
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First Published: September 15, 2024 | 08:04 AM IST