Heather Berghmans Senate District 15 | Sierra Club Rio Grande Chapter
Late yesterday, the U.S. District Court for the Northern District of California invalidated the Trump Administration's rollback of the Obama-era Waste Prevention Rule. This decision reinstates the rule in 90 days, requiring the oil and gas industry to comply with its mandates to prevent gas waste on federal lands.
The Waste Prevention Rule, established in 2016, aimed to curb wasteful venting, flaring, and leaking of gas from drilling operations on federal and tribal lands. In 2018, this rule was rescinded by the Trump administration’s Bureau of Land Management (BLM), allowing more leniency for air and climate pollution from wasted gas.
U.S. District Judge Yvonne Gonzalez Rogers ruled that this rescission violated federal law by neglecting the government's duty to prevent waste and relying on inadequate state regulations. The judge also criticized the administration's dismissal of climate impact costs and refusal to assess public health effects on nearby communities.
Lisa Deville, vice chair of Fort Berthold Protectors of Water and Earth Rights, stated: “The court’s ruling is a victory for people who are bearing the brunt of federal and tribal oil and gas development.” She highlighted health issues such as asthma caused by methane spills.
Robin Cooley, an Earthjustice attorney representing tribal and conservation groups, remarked: “The judge basically rejected every attempt by the Trump administration to gut these common-sense waste prevention measures.”
Kelly Martin from Sierra Club’s Beyond Dirty Fuels campaign commented: “Once again, the courts are confirming that the Trump administration can’t just scrap environmental protections.”
Alison Flint from The Wilderness Society noted: “The court’s decision is a win for science-based decision-making and the climate.”
Laurie Wilson from Western Organization of Resource Councils expressed excitement about spending more time with family due to reduced pollution.
The court described BLM's rulemaking process as "wholly inadequate," citing failures under the Mineral Leasing Act. This marks the third rejection by this court against attempts to overturn this rule. The Waste Prevention Rule was a significant update after over 35 years, requiring low-cost technologies to reduce emissions while saving taxpayers money through royalties on wasted gas.
Interior Department data indicated substantial gas wastage between 2009-2015 sufficient for over six million homes annually. Methane emissions contribute significantly to greenhouse gases alongside other pollutants causing respiratory issues.
Earthjustice represents several organizations including Sierra Club and The Wilderness Society in this case.