A federal appeals court on Monday blocked EPA Administrator Scott Pruitt from temporarily freezing an Obama-era regulation on methane gas emissions. The ruling represents the first legal setback Pruitt has faced during his months-long quest to dismantle the Obama Administration’s environmental rules.

The case highlighted the split between the EPA’s growing cadre of opponents, mostly made up of environmental groups, and its allies, mostly made up of industry groups. It specifically pitted Pruitt and the American Petroleum Institute against six environmental groups. The plaintiffs, which include the Environmental Defense Fund and the Sierra Club, brought their case to the U.S. Court of Appeals for the District of Columbia in June.

The events that led to the court’s 2-1 decision began in June 2016, when the EPA announced a rule that would require oil and gas companies to, among other things, monitor and reduce methane gas emissions. The rule was set to take effect in August 2016; companies would be required to conduct an “initial monitoring survey” of their methane emissions by June 2017.

In April, soon after Pruitt was anointed head of the EPA, he announced a 90-day delay of the methane rule. And in June, Pruitt proposed an extension of the stay for two years. Monday’s ruling struck down Pruitt’s 90-day delay; a separate hearing will be held on the two year extension.

The EPA “lacked authority under the Clean Air Act to stay the rule, and we therefore grant petitioners’ motion to vacate the stay,” Judges David Tatel and Robert Wilkins wrote in the majority opinion. Pruitt’s 90-day stay, the judges said, “is essentially an order delaying the rule’s effective date, and this court has held that such orders are tantamount to amending or revoking a rule.”

In a recent interview with the Washington Post, Pruitt defended his stay, saying that it did not necessarily portend a complete reversal of the rule. He argued: “Just because you provide a time for implementation or compliance that’s longer doesn’t mean that you’re going to necessarily reverse or redirect the rule.”

In her dissenting opinion, Judge Janice Rogers Brown largely echoed Pruitt’s point, saying, “The Court presumes a certain outcome from EPA’s reconsideration, one that a stay alone gives us no basis to presume.”

Methane is a greenhouse gas that is typically emitted during the fracking process for natural gas. According to a fact sheet released by the EPA last year, methane is the second most prevalent greenhouse gas in the U.S., behind carbon dioxide. About one-third of methane emissions come from natural gas, the fact sheet says, adding that the Obama Administration’s methane regulation would have reduced 510,000 tons of methane gas by 2025.

The court’s ruling was a victory for environmental groups, many of which have found themselves in staunch opposition to the governmental body that is supposed to share their goals. David Doniger, director of the Natural Resource Defense Council’s climate and clean air program, said in a statement:

“This ruling declares EPA’s action illegal — and slams the brakes on Trump Administration’s brazen efforts to put the interests of corporate polluters ahead of protecting the public and the environment.”

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Three Republican Senators joined the entire field of Democrats on Wednesday to uphold an Obama-era environmental regulation, the first to withstand the Trump Administration’s pointed efforts to roll back the previous administration’s environmental agenda. The Methane Waste Prevention Rule was drafted by the Obama Administration late in his term, part of a flurry of executive actions aimed at bolstering his environmental legacy.

In the weeks leading up to Wednesday’s vote, a handful of Republican Senators were on the fence about withholding or repealing the regulation. A few Democrats were up in the air well. Because of the hurried drafting of the rule in the waning days of the Obama Administration, some saw it as potentially burdensome and not as effective as it could be. In the end, all 48 Democrats and Independents, as well as three Republicans–Senators Lindsey Graham (SC), John McCain (AZ), and Susan Collins (ME)–voted to keep the measure in place.

McCain, who was targeted in an intense lobbying effort by environmental groups in the weeks leading up to the vote, said controlling methane emissions “is an important public health and air quality issue.” He added: “I join the call for strong action to reduce pollution from venting, flaring and leaks associated with oil and gas production operations on public and Indian land.” However McCain, like many Republicans and some Democrats, urged Secretary of the Interior Ryan Zinke to re-write the rule.

The Bureau of Land Management enacted the regulation last November. It effectively forces oil and gas companies operating on public lands to capture methane, a greenhouse gas, rather than burning it off into the atmosphere. The rule would prevent 180,000 tons of methane from being burned into the atmosphere each year, according to federal estimates. Supporters of the rule contend it is a necessary addition in the fight against climate change. Critics say it is redundant–as many states already draft protections against methane emissions–and inhibits job creation.

“Unfortunately, the previous administration’s methane rule was not a balanced approach,” Sen. Rob Portman (R-OH), one of the Republicans who nearly supported keeping the rule, wrote in a statement. “As written, it would have hurt our economy and cost jobs in Ohio by forcing small independent operators to close existing wells and slowing responsible energy production on federal lands. There’s a better way.”

Portman added the Interior Department “should do more to prevent methane venting and flaring on federal lands.” In a letter to Portman, Zinke, the Interior Department secretary, said he would “act within my authority as Secretary to craft solutions that incentivize responsible development.” Zinke added that he shares “concerns regarding methane waste and agree that we must manage our public lands in a pragmatic way.”

Over the past few months, the Trump Administration has been using a 1996 law, the Congressional Review Act, to dismantle a trove of Obama-era environmental regulations. Previously, the law was seldom used by presidents to undo executive actions of their predecessors. The Trump Administration has pushed Congress to utilize its powers 13 times over the past 60 days. But the window allowing the administration to use the bill is expected to end on Thursday; it is only effective within the first 60 days after a regulation is drafted.

But despite the successful preservation of the rule, White House officials signaled that they still intend on drastically reshaping it. Kate MacGregor, the Interior Department’s acting assistant secretary for land and minerals, said: “The vote today in the Senate doesn’t impact the administration’s commitment to spurring investment in responsible energy development and ensuring smart regulatory protections.”

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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The Paris Climate Agreement, signed by 195 countries last December, was officially ratified into international law on Friday. “Today we make history in humankind’s efforts to combat climate change,” U.N. Secretary General Ban-Ki Moon said at the U.N.’s New York City headquarters. India, China, the U.S., the European Union and scores of other countries, totaling 96, have signed the agreement. Others, including Russia and Japan, signaled they will do so in the coming weeks and months.

“We are still in a race against time. We need to transition to a low-emissions and climate-resilient future,” said Ban, whose term ends in January. “Now is the time to strengthen global resolve, do what science demands and seize the opportunity to build a safer more sustainable world for all.”

For the agreement–which aims to limit the global temperature increase to 2 degrees Celsius, or 3.6 degrees Fahrenheit by 2100–to go from abstract idea to concrete law, it had to be signed by at least 55 participating nations (making up 55 percent of global greenhouse gas emissions), a goalpost that was met on October 5. Though the accord is not legally binding–meaning there is no legal ramification for not complying–there are abstract mechanisms in place to ensure each signing party meets its individual carbon-cutting vision.

Those abstract enforcement measures will be hammered out at the COP22 meeting in Marrakesh, Morocco next week, where scientists, engineers, and researchers will gather to discuss emission-reduction techniques and strategies. Each country that signs the Paris agreement shapes a carbon-cutting plan suited to their needs and realities, with the international coalition acting as a sort of watchdog.

Rising seas, warming temperatures, melting ice caps, and all of the other consequences of fossil fuel abuse led nearly all of the world’s countries to bind together to secure a safer planet for future generations. As the world’s second-largest emitter of greenhouse gases, the U.S. will play a vital role in shaping that future. But Donald Trump has pledged to withdraw the U.S. from the accord should he be elected to the White House next Tuesday.

It is an impossible promise however, because the U.S. is bound to the accord for three years. And even if Trump decides to renege on the U.S. commitment during his third year, another year must pass before an official withdrawal. Hillary Clinton supports the agreement.

Ratification of the Paris Climate Accord went much faster than most expected: 2020 was the initial target date. By comparison, the Kyoto Protocol, a similar international carbon-reduction measure, was adopted in December 1997 and ratified over seven years later. Friday’s achievement is an important step toward weaning the world off fossil fuels, which still provide much of the world’s power, and the flip to renewable energy sources–wind, solar, hydro–will be a slow, arduous process.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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