Oil and natural gas companies and their supporters continue to wage a war of words – and opinion polls – with backers of a Bureau of Land Management rule regulating emissions of methane from natural gas wells drilled on federal land, while a Colorado senator remains undecided on his stance on the rule.

Earlier this year, the U.S. House passed House Joint Resolution 36, which would rescind the Methane and Waste Prevention rule, the cornerstone of the Obama administration’s Climate Action Plan to cut emissions from oil and gas facilities by 40 to 45 percent from 2012 levels by 2025. It would require oil and gas producers to limit flaring, detect leaks in equipment, and capture gas instead of venting it to the air.

The issue is now before the U.S. Senate, and High Country News reported at least three Republican senators have said they are undecided on the issue: Cory Gardner of Colorado, Susan Collins of Maine and Rob Portman of Ohio. Under the Congressional Review Act used by the House in their vote on the issue, senators cannot filibuster a vote, so Republicans – with a 52-48 majority – only need a majority to repeal the rule. Sen. Michael Bennet, D-Colo., opposes the move.

Gardner said in a statement that he was still meeting with Coloradans to hear their views about the rule, but added that even if the rule is repealed, producers in Colorado still have to fix methane leaks under a state rule. While Colorado’s rule addresses methane leaks, it does not limit flaring as the BLM rule does.

Election night poll touted as sign of strong support for rescinding rule

American Petroleum Institute President and CEO Jack Gerard noted an election night voter poll found 77 percent oppose legislation that could increase the cost of domestic oil and gas operations and potentially drive up consumer costs.

Among other results, the poll also found 71 percent of Democrats, 94 percent of Republicans and 76 percent of independents support increased development of U.S. oil and gas resources; 77 percent support a national energy policy that ensures a secure supply of abundant, affordable and available energy in an environmentally responsible way; 81 percent support increased development of the country’s energy infrastructure; and 77 percent support natural gas’ role in reducing greenhouse gases.

In a Feb. 28 opinion column in The Hill, Erik Milito, director of upstream and industry operations at API, said methane emissions associated with natural gas development declined 18.6 percent between 1990 and 2015, while production increased by over 45 percent at the same time.

“That makes the … rule not only redundant but actually counterproductive,” he wrote.

Some conservatives show support for rule

In a guest column published by High Country News on Feb. 21, Steve Bonowski, a Colorado-based board member of the national nonprofit Conservatives for Responsible Stewardship, wrote “any true conservative should support efforts to prevent the kind of waste that costs taxpayers a bundle.”

Bonowski stated the federal government could gain as much as $800 million in royalties over 10 years, if the rule is left intact.

A recent poll by Mason-Dixon found 90 percent of Democrats, 63 percent of Republicans and 79 percent of independents believe oil and gas firms should be required to invest in better technology. They believe the natural gas on public lands belongs to taxpayers (61 percent) and that wasting it is also a waste of their tax money (66 percent).

Further, the survey found 73 percent favor federal standards that require companies to reduce gas leaks; 61 percent support laws that reduce wasteful practices like venting and flaring and 60 percent oppose getting rid of federal requirements on energy companies.

Senate vote could be final and forever

Taxpayers for Common Sense noted the House voted to scrap the rule using the Congressional Review Act, and if the Senate does likewise, the BLM could not issue any rule that is “substantially the same” unless Congress passed legislation giving it permission.

The Congressional Review Act allows simple majority votes to overturn rules passed in the previous 60 working days. Ryan Alexander, president of Taxpayers for Common Sense, wrote in a Feb. 4 guest commentary that since it was signed into law in 1994, the act had been used only once, to repeal an ergonomics rule from the Clinton administration.

He stated it has been used just once because it stipulates no similar rule can be adopted, unless Congress passes new legislation allowing it. Alexander added that no similar ergonomics rule has been adopted.

With no formal rules on the books for wasting gas, the earlier rules – a six-page note written in 1979 from a little known BLM notice to leaseholders – would effectively become permanent.

Instead of repealing the rule, the taxpayers group said the Trump administration can revise it to its liking, and noted the most controversial provisions of the rule don’t take effect for another year and then are phased-in over time. The BLM could develop an entirely new rule before they even go into effect, the group said.