North Dakota judge stops new federal rule on gas flaring

Natural gas is flared from oil and gas facilities at Fort Berthold in August 2021. (Photo provided by Environmental Protection Agency)

A North Dakota judge’s ruling blocks a federal agency from enforcing new restrictions on natural gas venting and flaring.

The preliminary injunction granted Thursday by U.S. District Court Judge Daniel Traynor temporarily prevents the Bureau of Land Management from enforcing the rule in North Dakota, Montana, Texas, Wyoming and Utah. North Dakota is the lead plaintiff in the lawsuit over the rule that took effect in April.

The BLM’s new rule is aimed at reducing natural gas waste. It not only sets new standards on venting and flaring, but also requires oil operators to do more to detect and fix gas leaks, among other practices.

Traynor wrote in his ruling that the states will likely win their case “on the merits of their claim the 2024 Rule is arbitrary and capricious,” when a final ruling is made. He noted that several elements of the rule are “inadequately explained” and “contradictory.”

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