New Mexico senators Udall, Heinrich seek to block rollback of methane rule

• Udall: Venting and flaring a waste of money
• Heinrich: Regulations should be based on science.
• Lawmakers from other western states join initiative.

A group of U.S. lawmakers, including two New Mexico senators, are pushing back on efforts by the federal Department of the Interior (DOI) to cut regulations aimed at curbing methane emissions from oil and gas activities on federal land.

Fifty-one lawmakers filed an amicus brief Thursday challenging the DOI’s recent decision to strip key provisions from the Bureau of Land Management’s (BLM) rule entitled Waste Prevention, Production Subject to Royalties, and Resource Conservation, also known as the Venting and Flaring Rule.

Enacted in November 2016, the rule added tighter restrictions on oil and gas operators for the capture of methane and natural gas, instead of venting it into the air or burning it off through flaring.

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It called on operators to provide more environmental impact studies at oil and gas facilities and invest in more sophisticated gas-capture technology.

U.S. Tom Udall (D-NM), who serves as ranking member of the Senate Appropriations Subcommittee on the Interior, Environment, and Related Agencies and U.S. Rep. Raul Grijalva (D-Ariz., who serves as chairman of the House Natural Resources Committee led the group that filed the brief against the DOI’s revisions to the rule published in September 2018.

Udall said methane waste on public lands in New Mexico amounts to about $43 million each year in lost revenue, and up to $1 billion nationwide.

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He also said the revisions put industry ahead of public safety and the environment, while contradicting the intent of the Mineral Leasing Act.

“The Trump rollback of the Methane Waste and Prevention Rule was an egregious giveaway to irresponsible polluters, green-lighting the waste of publicly-owned resources and authorizing damage to the environment,” he said. “This brief makes it clear that Congress’s intent in enacting the Mineral Leasing Act was not to protect the profitability of industry but to protect the public interest.

Udall also commended the State of New Mexico for seeking its own regulations to reduced pollution in the face of the DOI’s efforts.

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New Mexico Gov. Michelle Lujan Grisham signed the Energy Transition Act into law this year, which called on the state to run on entirely carbon-free electricity by 2045.

“I applaud states like New Mexico that are stepping up to stop methane waste on their own and will continue to speak up in Congress when laws are outright violated by this administration,” Udall said.

Sen. Martin Heinrich (D-NM) said the DOI’s revisions deny science and accused the agency of putting industry interest above the American people.

He said stricter regulations could lead to more gas being captured and sent to market, driving up revenue to the country and the states.

“The Trump administration’s watered-down methane rules fly in the face of logic, science, and responsible decision-making. When oil and gas companies modernize their equipment to reduce leaks, they are able to capture more gas that they can sell, as well as increase worker safety at their wells,” Heinrich said.

“When we capture more gas that also means we see more royalties and revenues for states, tribes, and local communities. We need to implement strong rules to reduce methane waste to protect the air we breathe and meet our responsibility to reduce greenhouse gas pollution.”

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Director of the Sierra Club’s Rio Grande Chapter Camilla Feibelman said methane pollution is causing climate change, and worried much of it is happening in New Mexico, where oil and gas is booming in the rural southeastern corner of the state.

“This pollution of methane, a powerful greenhouse gas, is putting our climate at risk and threatening the health of our families who live adjacent to these facilities,” Feibelman said. “With the Permian basin booming and no local standards in place yet, the BLM’s Waste Prevention rule was an important safeguard for communities across the state and country.”

Grijalva said polices enacted by the administration of President Donald Trump proved harmful to the environment, and curbing methane emissions is essential to protecting the environment.

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“President Trump is gutting key public land and environmental protections and wreaking havoc on communities across the nation,” Grijalva said. “Polluters shouldn’t be allowed to waste valuable public resources or harm our planet and our public health without consequence.

“I’m proud to co-lead this amicus brief alongside dedicated House and Senate colleagues who have steadfastly advocated strong methane regulations, and I’m confident the plaintiffs in this case will prevail.”

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Sen. Michael Bennet (D-Colo.) said his state also enacted “common sense” methane regulations despite what he called efforts to “weaken” environmental protection by the Trump administration.

“More methane waste will pollute our air and water – exacerbating climate change and unleashing devastating effects on public health and our environment,” he said. “Colorado’s commonsense methane standards are bringing cleaner air and a thriving economy to our state.

“Instead of following in Colorado’s footsteps, the Trump Administration is weakening the very measures that protect our air and curb one of the biggest drivers of climate change.”

Read the brief:

More energy news:

• Wind farm is coming to southeast New Mexico, turbines to be built in Eddy Count
• Xcel continues to expand power grid in Permian Basin Region
• Environmentalists celebrate passage of Energy Transition Act
• Energy bills signed into law by New Mexico Governor Michelle Lujan Grisham
• Oil and gas industry continues to respond to climate, pollution concerns

Adrian Hedden can be reached at 575-628-5516, achedden@currentargus.com or @AdrianHedden on Twitter.