BLM Methane Waste Prevention Rule

Sept. 12, 2024 The District of North Dakota granted a preliminary injunction enjoining BLM from enforcing the final Waste Prevention Rule and denied the government’s motion for change of venue during ongoing litigation brought by a four states. North Dakota et al., v. Dep’t of Interior et al., Docket No. 1:24-cv-00066 (D.N.D.).

Apr. 25, 2024 North Dakota and three other states filed a lawsuit in the District of North Dakota challenging BLM’s final Waste Prevention rule. North Dakota et al., v. Dep’t of Interior et al., Docket No. 1:24-cv-00066 (D.N.D.).

Apr. 10 2024 BLM published a final rule to reduce the waste of natural gas from oil and gas operations on federal and Tribal land. The rule became effective on June 10, 2024. Read more about the rule in our paper here. 

Nov. 28, 2022 BLM proposed new regulations to reduce gas wasted through venting, flaring, and leaks by oil and gas lessees on public lands.  

May 20, 2022 The Government Accountability Office (GAO) released a report with recommendations for EPA and BLM to reduce methane emissions during oil and gas development. GAO recommended that BLM require operators to submit gas capture plans, similar to the plans that several states require.

Jan. 20, 2021 President Biden instructed agencies to review all “existing regulations, orders, guidance documents, policies, and any other similar agency actions (agency actions)” for inconsistency with his statement of policy in Executive Order 13990, “Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis,” and consider suspending, revising, or rescinding these actions.  The administration released a List of Agency Actions for Review that included the 2018 Revision Rule.

Oct. 8, 2020 The federal District Court of Wyoming vacated the 2016 Methane Waste Prevention Rule, finding the rule went beyond BLM’s statutory authority and encroached on EPA’s authority under the Clean Air Act. Wyoming v. U.S. Dep’t of the Interior, No. 2:16-CV-00285 (D. Wyo.), consolidated with Western Energy Alliance, et al. v. Sally Jewell, No. 2:16-CV-0280 (D. Wyo.).

July 15, 2020 The Northern District of California vacated BLM’s 2018 Revision Rule which rescinded the bulk of the 2016 Methane Waste Prevention Rule. California v. Zinke, No.4:18-cv-05712 (N.D. Cal.), consolidated with Sierra Club v. Zinke, No. 4:18-cv-05984 (N.D. Cal.).

Sep. 18, 2018 California, New Mexico and eighteen environmental NGOsfiled suit challenging the Trump administration’s Revision Rule., arguing that BLM has violated the APA, the Mineral Leasing Act, and the National Environmental Policy Act (NEPA). California, et al. v. Zinke, No. 4:18-cv-05712 (N.D. Cal.).

Sep. 18, 2018 BLM released the final Revision Rule. The rule largely repealed the 2016 Methane Waste Prevention Rule.

April 4, 2018 The District of Wyoming agreed to suspend key provisions of the 2016 Waste Prevention Rule. The court stayed implementation of certain phase-in provisions of the Waste Prevention Rule and stayed the case pending BLM’s Revision Rule. Wyoming v. U.S. Dep’t of the Interior, No. 2:16-CV-00285 (D. Wyo.), consolidated with Western Energy Alliance, et al. v. Sally Jewell, No. 2:16-CV-0280 (D. Wyo.).

Feb. 22, 2018 The Northern District of California issued a preliminary injunction preventing BLM’s Suspension Rule from taking effect. California and New Mexico v. BLM, 3:17-cv-07186 (N.D. Cal.), consolidated with Sierra Club et al v. BLM 3:17-cv-07187 (N.D. Cal.).

Feb. 22, 2018 BLM proposed the Revision Rule, which would replace the 2016 Waste Prevention Rule. It proposed rescindings the leak detection and repair provision and returning to the pre-2016 rule standards, which date from the 1970s.

Dec. 19, 2017 New Mexico,California, and a coalition of environmental groups sued BLM over the Suspension Rule California and New Mexico v. BLM, 3:17-cv-07186 (N.D. Cal.), consolidated with Sierra Club et al v. BLM 3:17-cv-07187 (N.D. Cal.).

Dec. 8, 2017 BLM published its final “Suspension Rule,” delaying the 2018 compliance dates until 2019.

Dec. 4, 2017 BLM appealed the  decision finding the delay of the 2016 rule unlawful. California and New Mexico v. Zinke, No. 3:17-CV-03804, consolidated with  Sierra Club et al., v. Zinke. No. 3:17-CV-03885 (N.D. Cal.).

Oct. 4, 2017 BLM proposed the “Suspension Rule” which would delay the 2018 compliance dates in the Obama-era rule until Jan. 17, 2019.

Oct. 4, 2017 The Northern District of California determined BLM’s postponement was unlawful. The Court reinstated the rule’s 2018 compliance date. California and New Mexico v. Zinke, No. 3:17-CV-03804 (N.D. Cal.), consolidated withSierra Club et al., v. Zinke. No. 3:17-CV-03885 (N.D. Cal.).

July 5-12, 2017 California, New Mexico, and a coalition of environmental groups challenge BLM’s postponement of the compliance dates, arguing that BLM violated the Administrative Procedure Act (APA) when it postponed compliance after the effective date of the Waste Prevention Rule had passed. North Dakota and several industry groups intervened. California and New Mexico v. Zinke, No. 3:17-CV-03804 (N.D. Cal.), consolidated with Sierra Club et al., v. Zinke. No. 3:17-CV-03885 (N.D. Cal.).

June 15, 2017 BLM postponed the 2018 compliance dates while litigation is pending).

March 28, 2017 President Trump’s Executive Order 13783 on Promoting Energy Independence and Economic Growth directed BLM to review the Waste Prevention Rule.

Jan. 17, 2017 The District of Wyoming denied petitioners’ request for a preliminary injunction, leaving the rule in effect during the litigation. Wyoming v. US Dep’t of the Interior, No. 2:16-CV-00285 (D. Wyo.), consolidated with Western Energy Alliance, et al. v. Sally Jewell, No. 2:16-CV-0280 (D. Wyo.).

Nov. 18, 2016 BLM published the Waste Prevention Rule.

Nov. 15, 2016 Three days before publication, but after DOI signed the rule, industry and states filed challenges to the rule in the District of Wyoming. Wyoming v. U.S. Dep’t of the Interior, No. 2:16-CV-00285 (D. Wyo.).