Description: Challenge to a U.S. Bureau of Land Management rule postponing compliance dates for Waste Prevention Rule for one year.
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California v. U.S. Bureau of Land Management
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California v. U.S. Bureau of Land Management
Case Documents:
Filing Date Type File Action Taken Summary 04/23/2018 Notice of Appeal Download Notice of appeal of preliminary injunction filed by federal respondents. BLM Appealed to Ninth Circuit to Reverse Injunction Barring Delaying of Waste Prevention Rule’s Requirements. After a California federal court granted motions in February for a preliminary injunction barring the U.S. Bureau of Land Management (BLM) from enforcing its rule delaying provisions of the Waste Prevention Rule, the federal respondents filed an appeal in the Ninth Circuit on April 23. 02/22/2018 Order Download Motions for preliminary injunction granted and motions for transfer denied. California Federal Court Barred BLM from Enforcing Delay of Natural Gas Waste Prevention Rule. The federal district court for the Northern District of California granted motions for a preliminary injunction barring the U.S. Bureau of Land Management (BLM) from enforcing its rule delaying and suspending the requirements of its Waste Prevention Rule, which is intended to “to reduce waste of natural gas from venting, flaring, and leaks during oil and natural gas production activities on onshore Federal and Indian (other than Osage Tribe) leases.” The court found that BLM’s reasoning for delaying the rule was “untethered to evidence contradicting the reasons for implementing the Waste Prevention Rule” and that plaintiffs were therefore likely to prevail on the merits. The court also found that the plaintiffs had demonstrated irreparable injury based on “the waste of publicly owned natural gas, increased air pollution and associated health impacts, and exacerbated climate impacts.” The court also denied motions to transfer the action to the District of Wyoming, where a challenge to the Waste Prevention Rule is pending. The California federal court said the substantive legal issues in the District of Wyoming case were distinct from the procedural issues at issue in this action. 01/30/2018 Reply Download Reply filed by North Dakota and Texas in support of motion to transfer venue. 01/30/2018 Reply Download Reply filed by defendants in support of motion to transfer. 01/24/2018 Reply Download Reply filed in support of motion for preliminary injunction. 01/23/2018 Opposition Download Opposition to motions to transfer filed by plaintiffs. 01/16/2018 Opposition Download Opposition filed by proposed intervenor-defendant American Petroleum Institute to motions for preliminary injunction. 01/16/2018 Opposition Download Opposition filed by federal defendants to motions for preliminary injunction. 01/16/2018 Response Download Response filed by proposed intervenor-defendants North Dakota and Texas to motions for preliminary injunction. 01/16/2018 Response Download Response filed in opposition to motions for preliminary injunction by Western Energy Alliance and Independent Petroleum Association of America. 01/09/2018 Motion Download Motion filed by defendants to transfer actions to District of Wyoming. 01/09/2018 Motion Download Motion to transfer actions to District of Wyoming filed by proposed intervenor-defendants North Dakota and Texas. 01/09/2018 Motion to Intervene Download Motion to intervene filed by North Dakota and Texas. 01/05/2018 Motion to Intervene Download Motion to intervene filed by American Petroleum Institute. 12/22/2017 Motion to Intervene Download Motion to intervene filed by Western Energy Alliance and Independent Petroleum Association of America. 12/19/2017 Complaint Download Complaint filed. Lawsuit Filed in California Federal Court to Challenge One-Year Delay of BLM Waste Prevention Rule Requirements. On December 19, 2017, the attorneys general of California and New Mexico filed a lawsuit in the federal district court for the Northern District of California challenging the U.S. Bureau of Land Management's (BLM’s) final rule postponing most compliance dates in BLM’s Waste Prevention Rule for one year. The Waste Prevention Rule, which was published in the Federal Register on November 18, 2016, imposed requirements on oil and gas companies to reduce the venting, flaring, and leaking of natural gas, including the greenhouse gas methane, during production activities on onshore federal and Indian leases. The states asserted that the one-year suspension of the Waste Prevention Rule’s compliance dates “lacks any reasoned analysis, contravenes BLM’s statutory mandates, and ignores significant environmental consequences.” The states alleged violations of the Mineral Leasing Act, National Environmental Policy Act, the Federal Land Policy and Management Act, the Federal Oil and Gas Royalty Management Act of 1982, and the Administrative Procedure Act. 12/19/2017 Motion Download Motion for preliminary injunction filed. -
Sierra Club v. Zinke
Case Documents:
Filing Date Type File Action Taken Summary 04/30/2019 Petition Download Petition for attorneys' fees and costs filed by plaintiffs. 01/24/2018 Reply Download Reply filed in support of motion for preliminary injunction. 01/23/2018 Opposition Download Opposition filed to motions to transfer actions to District of Wyoming. 12/19/2017 Complaint Download Complaint filed. Lawsuit Filed in California Federal Court to Challenge One-Year Delay of BLM Waste Prevention Rule Requirements. On December 19, 2017, 16 conservation and tribal citizen organizations filed a lawsuit in the federal district court for the Northern District of California challenging the U.S. Bureau of Land Management (BLM’s) final rule postponing most compliance dates in BLM’s Waste Prevention Rule for one year. The Waste Prevention Rule, which was published in the Federal Register on November 18, 2016, imposed requirements on oil and gas companies to reduce the venting, flaring, and leaking of natural gas, including the greenhouse gas methane, during production activities on onshore federal and Indian leases. The organizations alleged that postponement of the compliance dates violated the Mineral Leasing Act, the National Environmental Policy Act, the Federal Land Policy and Management Act, and the Administrative Procedure Act. 12/19/2017 Motion Download Motion for preliminary injunction filed.