Jan 30, 2023 Alliance-IPAA BLM Waste Prevention Rule Comments
Dear Director Stone Manning:
Western Energy Alliance (the Alliance) and the Independent Petroleum Association of America (IPAA) (collectively the Trades) appreciate the opportunity to provide these comments on the Bureau of Land Management’s (BLM) proposed rule titled Waste Prevention, Production Subject to Royalties, and Resource Conservation (Proposed Waste Prevention Rule or Proposed Rule).
Our comments summarize the historical and legal framework of BLM’s waste prevention rules, followed by targeted revisions to selected sections of the proposed regulatory language and a description of our legal concerns with BLM’s proposal.
The Proposed Waste Prevention Rule is an update to BLM’s 2016 rule revisions (2016 Rule) which were struck down by a Wyoming federal court, and BLM’s 2018 rule revisions (2018 Rule), which were also struck down by another federal court. While the Trades appreciate that BLM’s current proposal addresses a number of the Wyoming court’s reasons for vacating the 2016 Rule, there remain some foundational concerns that must be addressed.
