Texas Attorney General Ken Paxton is leading 22 other attorneys general in suing the Environmental Protection Agency (EPA) over a new rule that would fine the oil and gas sector for methane emissions above a certain level. A lawsuit is being filed.
Republican states called the new rules enacted in President Biden's anti-inflation law “arbitrary and capricious; [and] The complaint against the EPA is scant on details other than to claim that the new rule is “unlawful” because “the final rule exceeds EPA's statutory authority.”
Although the Supreme Court has articulated a very narrow mandate for how Congress can delegate its legislative powers, Steve Milloy, He, a former Trump administration EPA transition adviser and senior fellow at the Energy and Environmental Law Institute, said it's unclear how the EPA's rules will circumvent Congress.
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Flames rise from a burning hole near a well in the Bakken oil field. One of the main components of natural gas is methane, which is odorless when it comes directly from a gas well.
Milloy told Fox News Digital that the IRA's “waste discharge fee” sets the standard for methane emissions at 25,000 tons. “It clearly states that it stipulates tax rates.” “I'm interested in how each state supports their cause.”
Nevertheless, Milloy opposes new fees for the oil and gas sector, pointing out that methane is an “irrelevant greenhouse gas.”
“The tax is pointless and accomplishes nothing other than increasing the price of oil and natural gas,” he said.
Milloy suggested that the reason for filing a lawsuit in the final stages of the Biden administration is to begin the process for the plaintiffs to reach a settlement with the Trump administration. He said this is a tactic that both sides of the green energy debate have used. He added that the Trump administration has previously sought to eliminate the “sue and settle” tactic.
“Congress needs to change the law,” Milloy said. “Because if they file a lawsuit and settle it, the next administration can come back and undo it.”
President-elect Trump (left) and President Biden.
Meanwhile, a separate upcoming lawsuit filed by the Michigan Oil and Gas Association (MOGA) and the American Chamber of Free Enterprise (AMFree) alleges the new rules circumvent Congress, but provides no details as to why. has been done.
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“Under Subpart W, facilities in the natural gas and oil supply chain must report their greenhouse gas emissions if they emit more than 25,000 tons of carbon dioxide equivalent annually,” the second lawsuit states. . “For gases other than carbon dioxide, the 'equivalent' emissions are determined by multiplying the emissions by the 'global warming potential' ('GWP') of that gas.”
Michael Buschbacker, a partner at Boyden Gray PLLC, who is representing MOGA and AmFree in the case, agreed with Milloy that legislation is needed to roll back new methane regulations, but their He said the purpose of filing the lawsuit was to “resolve the most vexing issues.” By requiring it to be taken off the books, the U.S. energy industry can begin to regain its edge under the new administration. ”
A herd of cows is seen in a pasture near Allerup, Denmark, on August 5, 2021. A Danish project aims to cut methane emissions in dairy cows by half through a triple-action cow feed additive developed to limit methane production in the intestines. methane. (Michal Fludra/NurPhoto via Getty Images)
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“Biden-era environmental regulations will not magically disappear at 12:01 a.m. Monday. It will take time and legislation to clean up the mess Biden left behind,” Buschbacher said. .
EPA declined to comment on the matter, citing the nature of the pending litigation.
