ELR Citation: 54 ELR 20131
No(s). 1:24-cv-00066 (D.N.D. Sep 12, 2024) (Traynor, J.)

A district court granted five states' motion to preliminarily enjoin BLM from implementing its 2024 rule that requires oil and gas operators to flare rather than vent excess methane gas to prevent waste and conserve resources. North Dakota, Montana, Texas, Wyoming, and Utah argued the rule exceeded BLM's authority under the Mineral Leasing Act and the Federal Oil and Gas Royalty Management Act, that it violated the CAA and FLPMA, and that it was arbitrary and capricious. The court held the rule failed to explain why flaring was more economically productive than venting or how flaring was simultaneously required, but then limited the amount of gas permitted to be flared with a risk of wells being shut-in or production curtailed by BLM; failed to justify why requiring flaring over venting fulfilled BLM's "obligation to protect local public health and safety"; and was unlikely to remedy the harm caused by pneumatic equipment, storage tanks, and other equipment leaks when venting because a "leak" was expressly authorized. It further found the states' sovereign interests were compromised and they were likely to suffer irreparable harm. It enjoined application of the rule against the five states pending the outcome of the litigation.