Peace Garden News

In September, North Dakota secured a preliminary injunction against the U.S. Department of the Interior to halt the Biden administration's venting and flaring rule in the case of North Dakota v. U.S. Department of the Interior. The Bureau of Land Management (BLM) rule introduces a new royalty on flared gas, sets monthly limits on allowable flaring, and imposes additional application requirements for operators to demonstrate their ability to capture natural gas before obtaining drilling permits. The states of North Dakota, Montana, Texas, and Wyoming have filed a lawsuit in North Dakota Federal District Court challenging this rule.

U.S. Senator Kevin Cramer from North Dakota, who is part of the Senate Environment and Public Works Committee, issued a statement following the appeal by the U.S. Department of the Interior regarding the preliminary injunction:

“This appeal is a last-ditch effort to force the swamp’s punitive, anti-domestic energy agenda. BLM’s rule oversteps the Department of Interior’s authority and strangles oil and gas producers with more red tape. The Trump administration will take a markedly different approach, making this appeal desperate and dilatory at best. The court should maintain the injunction.”

Senator Cramer had previously expressed support for North Dakota's request for a preliminary injunction in May and responded to BLM's announcement of the final rule in March with criticism. He also praised North Dakota's leadership when they filed their lawsuit in April.