Methane

United States Court Of Appeals For The Tenth Circuit

This case addresses the burden a federal agency bears when it seeks to suspend a federal regulation for further analysis. Plaintiffs, the States of California and New Mexico, bring this action for a preliminary injunction enjoining the United States Bureau of Land Management (“BLM”), Katherine S. Macgregor, Acting Assistant Secretary for Land and Minerals Management, and Ryan Zinke, Secretary of the Interior, from instituting a rule suspending or delaying the requirements of the Waste Prevention, Production Subject to Royalties, and Resource Conservation Rule.

This case challenges the U.S. Bureau of Land Management’s (BLM) final decision,
82 Fed. Reg. 58,050 (Dec. 8, 2017) (Amendment), to amend the compliance deadlines for the
majority of the requirements of its Waste Prevention, Production Subject to Royalties, and Resource
Conservation Rule (Waste Prevention Rule or Rule). 81 Fed. Reg. 83,008 (Nov. 18, 2016). The
Amendment unlawfully pushes the compliance deadlines one year into the future while BLM
considers other changes to the Waste Prevention Rule.