Judge Halts Biden’s Overreach on Natural Gas Flaring: A Win for American Oil Industry

Judge with gavel and scales of justice behind.

A federal judge in North Dakota has put a temporary halt on a Biden administration rule aimed at the oil industry’s natural gas flaring practices, raising questions about the limits of federal regulation.

At a Glance

  • Federal judge temporarily blocks Biden administration’s rule on natural gas flaring.
  • Judge Daniel Traynor believes plaintiffs are likely to succeed, citing the rule’s arbitrary nature.
  • North Dakota and other states argue the rule inhibits oil and gas production.
  • Bureau of Land Management claims the rule will save $50 million for royalty owners.

Blocking Federal Overreach

A federal judge in North Dakota has temporarily blocked a new Biden administration rule aimed at reducing the venting and flaring of natural gas at oil wells. The rule was announced by the Bureau of Land Management (BLM) with the intention of decreasing environmental waste and saving over $50 million for royalty owners. However, several states including North Dakota, Montana, Texas, Wyoming, and Utah have challenged the rule, arguing that it oversteps regulatory boundaries and hampers oil and gas production.

U.S. District Judge Daniel Traynor ruled on Friday that the plaintiffs are likely to succeed in their claim that the 2024 Rule is arbitrary and capricious. He stated that the rule adds nothing more than a layer of federal regulation on top of existing federal regulation, which “conflicts with other federal and state laws.” Traynor indicated that the Bureau of Land Management (BLM) would not suffer harm by maintaining the status quo during litigation.

Economic and Regulatory Concerns

North Dakota and other states argue that the rule, which seeks to curb flaring by making oil companies pay royalties for wasted methane, directly interferes with state and private mineral interests while failing to provide any substantial benefits. “The Biden-Harris administration continuously attempts to overregulate and ultimately debilitate North Dakota’s energy production capabilities,” said State Attorney General Drew Wrigley. Such comments reflect broader concerns about the economic impacts and perceived federal overreach.

“At this preliminary stage, the plaintiffs have shown they are likely to succeed on the merits of their claim the 2024 Rule is arbitrary and capricious,” U.S. District Judge Daniel Traynor ruled Friday, the Bismarck Tribune reported.

This rule emerged out of the Biden administration’s broader efforts to reduce methane emissions, a potent climate pollutant. The BLM claims that the rule would result in significant reductions in gas waste. However, critics argue that these benefits are overshadowed by the potential harm to the oil and gas industry, highlighting a significant impingement on state sovereignty and economic activities.

Political and Environmental Stakes

Flaring rates in North Dakota have declined sharply in recent years but still hover around 5%. The BLM’s rule would have further tightened these regulations in hopes of reducing waste and emissions. Methane, the main component of natural gas, is considered a potent climate pollutant. Yet, many in the oil industry argue that the costs imposed by these flaring limits outweigh any supposed environmental benefits.

North Dakota politicians have praised Judge Traynor’s decision, seeing it as a stand against what they consider the federal government’s “significant impingement” on the states’ rights and economic freedom. Wyoming Gov. Mark Gordon also voiced support, calling the ruling a positive step against the Biden-Harris administration’s agenda. “This case is an example of where the left hand of the government does not know what the right hand of the government is doing,” said Judge Traynor, underscoring the perceived conflicts and redundancies in federal regulations.

While Interior Secretary Deb Haaland previously stated that the rule would protect the environment and ensure fair returns to taxpayers, the Interior Department declined to comment on this recent ruling. As the dispute continues, the temporary injunction has provided a moment of relief for the states challenging the rule, leaving the future of methane regulation and the oil industry in a precarious balance.

Sources:

  1. Federal judge temporarily blocks Biden administration rule to limit flaring of gas at oil wells
  2. Federal Judge Temporarily Blocks Biden Administration Rule to Limit Flaring of Gas at Oil Wells
  3. Federal judge temporarily blocks Biden administration rule to limit flaring of gas at oil wells
  4. Judge blocks Interior methane rule in five states
  5. Federal judge temporarily blocks Biden administration rule to limit flaring of gas at oil wells
  6. Federal Judge Temporarily Blocks Biden Administration Rule To Limit Flaring Of Gas At Oil Wells