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North Dakota Files Lawsuit Challenging BLM’s Onerous, Duplicative Methane Rule

BISMARCK – On Thursday, North Dakota was joined by Montana, Texas, and Wyoming in filing a lawsuit in North Dakota Federal District Court challenging the Bureau of Land Management’s (BLM) newly finalized Waste Prevention, Production Subject to Royalties, and Resource Conservation Rule.

This rule establishes a new royalty on flared gas, institutes monthly limits on allowable flaring, and adds new application requirements for operators regarding their ability to capture natural gas before they can obtain a drilling permit. Senator Kevin Cramer (R-ND) released the following statement, applauding North Dakota’s leadership.

“North Dakota, like other western states, must contend with added, unnecessary bureaucratic red tape in developing federal minerals. The Biden administration has released rule after rule to make it more expensive and difficult to produce energy domestically, and this BLM regulation is another example. This mandate flies in the face of reality, and I applaud North Dakota for leading the suit to strike this rule. I look forward to their success in court.”

In March, Senator Cramer issued a statement in response to BLM’s announcement of the final rule.

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