The Trump administration lacks authority to delay implementation of 2016 methane regulations for the oil and gas industry, a federal appeals court ruled Monday, siding with Colorado and conservation groups that sued to ensure the rules weren’t undone.
The District of Columbia Circuit Court of Appeals, in a 2-1 decision, vacated a 90-day stay initially put in place by Environmental Protection Agency Administrator Scott Pruitt in April to reconsider the Obama administration rules seeking to clamp down on methane leaks.
Last month, Pruitt extended the delay for two years.
The American Petroleum Institute, the Texas Oil and Gas Association and other industry groups had petitioned Pruitt to scrap the regulations, which had been set to take effect in June. Pruitt argued in delaying the rules’ implementation that the oil and gas industry didn’t have enough time to comment on before the regulations were enacted.
However, the appeals court found “industry groups had ample opportunity to comment on all … issues on which EPA granted reconsideration.” It called the stay “unreasonable” and “unauthorized.”
The EPA was sued over the delay by several environmental groups, including the Sierra Club, Clean Air Council and Environmental Defense Fund.
Gov. John Hickenlooper, a Democrat, announced Friday that Colorado had joined the lawsuit — along with more than a dozen other states and cities — to overturn the Trump administration’s stay. Private attorneys were representing the state in the case.
DC-based court rules 2-1 the EPA was wrong to delay an Obama-era rule clamping down on methane leaks from oil wells: https://t.co/a6ghsSpfft
— Jennifer A. Dlouhy (@jendlouhyhc) July 3, 2017
Hickenlooper’s spokesman said Colorado’s Republican attorney general, Cynthia Coffman, declined to represent Colorado in the case but “approved the state hiring private counsel.”
Coffman, in a statement to The Denver Post, said “my office reviewed the issues raised by several states and other parties in the current litigation. We determined that EPA’s ultimate objective of delaying the rule to allow full reconsideration is neither illegal nor an intrusion on Colorado’s regulatory authority.” She said the court’s ruling Monday suggested that a long-term delay of the regulations would likely be upheld and that Hickenlooper’s decision to join the lawsuit was based on “policy-based objections.”
“Colorado is participating in this lawsuit to help assure comprehensive federal regulation of methane emissions, as authorized by the EPA in 2016,” Hickenlooper’s office said in a news release. “Colorado has a vested interest in the federal government regulating methane emissions from the oil and gas industry across all 50 states.”
In 2014, the state became the first in the U.S. to adopt air pollution rules that cover methane, in response to leaks from oil and gas operations, with the support of top operators Anadarko Petroleum, Noble Energy and Encana. The powerful Colorado Oil and Gas Association and Colorado Petroleum Association trade groups opposed the move.
Colorado says the EPA used those regulations as a template for its federal approach. “Without these rules,” the release said, “Colorado’s methane levels will increase due to pollution from neighboring states, which is why federal regulation is so important.”
In a media statement, the Environmental Defense Fund lauded the ruling.
“The court’s decision means that nationwide pollution limits for oil and gas will take effect now, ensuring that all Americans breathe easier,” Fred Krupp, the organization’s president, said. “The court’s decision is a big win for common sense, public health, climate security and the rule of law.”
In May, a measure to roll back Obama administration rules to reduce methane emissions at oil and gas drill sites on public lands failed to pass the GOP-controlled U.S. Senate.
In a news release from April when the EPA announced the stay, Pruitt said “American businesses should have the opportunity to review new requirements, assess economic impacts and report back, before those new requirements are finalized.”
Pruitt has repeatedly moved in recent months to block or delay environmental regulations opposed by corporate interests.
The EPA says it is reviewing Monday’s ruling. The agency can appeal the matter to the U.S. Supreme Court.
The Associated Press contributed to this report.
<p style=”font-style: italic; text-align: right;”>Source: <a href=”http://cogcc.state.co.us/data2.html#/downloads”>Colorado Oil & Gas Conservation Commission</a></p>
