BLM’s Revised Waste Prevention Rule – What the Oil & Gas Industry Needs to Know

On March 27, 2024, the Bureau of Land Management (BLM) released a final rule on venting, flaring, and leaking of natural gas from onshore federal and Indian leases. This rule represents BLM’s third attempt in recent years to update requirements that were in place for more than 40 years. Katie Schroder and James Auslander discuss key issues in the new rules, including gas loss redefinitions, new flaring thresholds, royalty implications, and compliance deadlines. They also compare the new rules to previous regulations and share tips for operators.

Credit(s)

1

CO Approval ID

842675

Original Program Date

May 1, 2024

Duration

60 minutes

On March 27, 2024, the Bureau of Land Management (BLM) released a final waste prevention rule to regulate the venting, flaring, and leaking of natural gas produced from onshore federal and Indian oil and gas leases. This final rule represents BLM’s third attempt in recent years to update requirements that were in place for more than 40 years. BLM finalized regulations in 2016 under the Obama administration that BLM then revised in 2018 under the Trump administration, but both sets of regulations were invalidated by courts, thus reverting management of natural gas emissions to Notice to Lessees and Operators (NTL)-4A that was adopted in 1979.

Video presentation from the Foundation's 2024 BLM Webinar series

Speakers

Credits

Materials

1 CLE Credit(s) – Approval ID: CO - 844115; OK - 140353; PA, NM

This course has been accredited for CLE credit in Colorado. CLE credit hours shown are for Colorado only. A CLE course number for Colorado will be provided to attendees on their certificates of attendance once a course has been completed. New Mexico attorneys who complete a course must notify us (cle@rmmlf.org) because we are required to report credits for you. If this course has been approved for RPL/CPL credit with the American Association of Professional Landmen (AAPL), the credits will be listed below in a separate section for AAPL. If applicable, Component Codes for AAPL recertification will also be provided. Please contact RMMLF if you need independent verification by the provider of your attendance or participation for CLE purposes. Except as provided above, RMMLF generally does not apply for accreditation from any other MCLE/CPD organizations for its online legal education program. Upon completion of a program a certificate of attendance will be issued to all attendees. Except as provided above, attendees must verify with their respective state bars and CPD organizations and their specific rules as to whether or not the certificate of attendance will be recognized by that body for MCLE/CPD purposes, and the number of CLE/CPD credits that may be available. The live presentation of the on-demand program has been accredited in most mandatory states as part of a larger course, but such accreditation does not assure recognition of the on-demand program.

KATHLEEN C. SCHRODER is a partner at Davis Graham & Stubbs LLP in Denver, where her practice focuses on all aspects of energy development on federal lands. Ms. Schroder counsels clients on oil and gas leasing and development on federal lands and agency compliance with the National Environmental Policy Act and the National Historic Preservation Act. She has extensive experience with the Endangered Species Act and advises on federal royalty issues. Ms. Schroder regularly represents oil and gas operators in administrative appeals before the Bureau of Land Management, Office of Natural Resources Revenue, and Interior Board of Land Appeals. She has defended and challenged agency decisions and rulemakings in federal courts across the country.

Ms. Schroder is active with The Foundation for Natural Resources and Energy Law and has authored numerous papers. She has served on the Foundation’s Board of Directors and chaired the 65th Annual Institute and the Foundation’s Publications Committee; she currently serves on its Programs Committee. She is a member of Energy Outreach Colorado’s Board of Directors and Western Energy Alliance’s Board of Advisors. She previously chaired the Public Land and Resources Committee within the American Bar Association’s Section of Environment, Energy, and Resources.

Ms. Schroder began her career as an attorney-advisor in the U.S. Department of the Interior’s Office of the Solicitor as part of the Solicitor’s Honors Program. She then spent 10 years with a boutique law firm in Denver. She holds a B.A. from Rice University and a J.D. from the University of Colorado School of Law. After law school, she clerked for Justice Alex J. Martinez of the Colorado Supreme Court.

JAMES M. AUSLANDER is a principal attorney at Beveridge & Diamond in Washington D.C. Jamie co-chairs Beveridge & Diamond’s Natural Resources and Project Development Practice Group, including its Energy Practice. He focuses on complex legal issues surrounding the development of oil and gas, hard rock minerals, renewable energy, and other natural resources on public lands onshore and on the Outer Continental Shelf. He frequently litigates appeals before federal courts and administrative bodies regarding rulemakings, permits, and other issues. He represents major and small businesses, leading industry trade associations, and state and local agencies in a wide range of environmental matters, both national and local in scope. He serves clients in all phases of a case, including internal compliance, administrative proceedings and negotiations, and litigation when necessary. Jamie is well-versed in various issues arising under the Administrative Procedure Act, Clean Water Act, Endangered Species Act, Clean Air Act, National Historic Preservation Act, Plant Protection Act, Surface Mining Control and Reclamation Act, as well as a range of international laws and treaties. Jamie previously worked as a law clerk in the Environmental and Natural Resources Division, Law and Policy Section, of the U.S. Department of Justice, and as a policy intern in the Director’s office of the U.S. Export-Import Bank, focusing on international environmental policy.