Federal Judge Temporarily Blocks Biden Admin’s Gas Flaring Rule

A federal judge in North Dakota has temporarily blocked a new rule from the Biden administration designed to curb the venting and flaring of natural gas at oil wells. U.S. District Judge Daniel Traynor issued the injunction on Friday, indicating that the plaintiffs—North Dakota, Montana, Texas, Wyoming, and Utah—are likely to succeed in their challenge against the 2024 rule.

The plaintiffs argue that the rule could negatively impact oil and gas production and that the Bureau of Land Management (BLM) is exceeding its authority with this regulation. The BLM contends that the rule would reduce gas waste and potentially increase royalty payments by over $50 million.

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Judge Traynor criticized the rule as adding “another layer of federal regulation on top of existing rules,” emphasizing that it does not address the core issues effectively. Natural gas, often a byproduct of oil extraction, is typically vented or flared when not economically viable to capture. Methane, the primary component of natural gas, is a potent climate pollutant, significantly more harmful than carbon dioxide in the short term.

But Traynor wrote that the rules “add nothing more than a layer of federal regulation on top of existing federal regulation.

When pumping for oil, natural gas often comes up as a byproduct. Gas isn’t as profitable as oil, so it is vented or flared unless the right equipment is in place to capture.

Methane, the main component of natural gas, is a climate super pollutant that is many times more potent in the short term than carbon dioxide.

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